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The Employment-Based Immigration Flowchart

A visual map of the U.S. employment-based immigrant petition process, from initial filing through permanent residence. Click any step for its details.

Employment-Based Immigration Flowchart Interactive map of the U.S. employment-based immigrant petition process, from initial filing through permanent or conditional resident status. The chart traces both self-petitioners and employer-sponsored cases through USCIS petition adjudication, branching at approval to either Adjustment of Status in the United States or consular processing abroad through the National Visa Center. Each stage is marked as approved, denied with appeal rights, or final permanent resident status. Click any step for its details. approved denied approved denied when current issued denied Self-Petitioners May file their petitions without an employer sponsor Categories ↗ Employer Petitioners Petition filed by a sponsoring U.S. employer Details ↗ Immigrant Petition Filed with USCIS* By U.S. Employer or Self-Petitioner Petition Approved Appeal Rights Petition Denied Beneficiary is in the U.S. Eligible to adjust status if priority date is current Beneficiary is Abroad or Cannot Adjust Status Adjustment of Status — Approved Adjustment of Status — Denied Limited Appeal Rights NVC — Priority Date Not Current NVC — Priority Date Current U.S. Consulate Interview In beneficiary’s home country Permanent or Conditional Resident Upon approval of Adjustment of Status Immigrant Visa Issued Immigrant Visa Denied Limited Appeal Rights Permanent or Conditional Resident Upon entry into the U.S.

*Permanent Alien Labor Certification Requirements

EB-2 (Advanced Degree Professionals and Aliens of Exceptional Ability) and EB-3 (Skilled Workers, Professionals, and Other Workers) require an approved permanent alien labor certification from the U.S. Department of Labor before filing, and the priority date is the date the labor certification was filed. Two routes skip it: a National Interest Waiver (EB-2), and Schedule A pre-certification.

Schedule A pre-certifies two groups, which instead file an uncertified labor certification application with USCIS as part of the petition, with the priority date set at the petition’s filing date: Group I, Registered Nurses and Physical Therapists; and Group II, aliens of exceptional ability in the sciences or arts, including the performing arts.

Approved Denied Final Appeal
© Jan Albrecht. An interactive reference, not legal advice. To map your case, book a consultation.