If the petition is approved, then a visa must be immediately available before an application to adjust status to permanent residency can be filed. Following is a very basic discussion of the elements involved in both family and employment-based permanent resident status. Very basically, U.S. citizens or permanent residents in the U.S. may file petitions for visas on behalf of qualifying relatives, sometimes called the beneficiaries of the visa. U.S. citizens can petition for their spouses, married and unmarried sons and daughters of any age, parents and brothers and sisters. Permanent residents can petition for their spouses and unmarried sons and daughters of any age.
Visas become available for the beneficiaries based on a preference system.
A person cannot file for adjustment of status until the INS approves the petition and a visa is immediately available . Because of the preference categories and annual numerical limits placed on certain visas, including those from certain countries, a person may have to wait a considerable period of time before a visa is available. There are five employment-based preference categories. This category applies to professionals, skilled workers and other workers. While the filing of a labor certification is similar to that filed under the H-2A nonimmigrant program, there is a basic distinction.