THE UNIVERSITY OF IOWA
OFFICE OF FACULTY AND STAFF IMMIGRATION SERVICES
INFORMATIONAL BULLETIN
ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
(Updated August 19, 2014)
The information contained in this Bulletin is provided by The University of Iowa Office of Immigration
Services solely for the benefit of employees of The University of Iowa. It is not intended to serve as, nor
should it be construed to provide, legal advice. Neither the information contained in this bulletin nor any
consultation provided by The University of Iowa Office of Immigration Services constitutes the creation of
an attorney-client relationship. Any foreign national employee of The University of Iowa or other person
intending to rely upon the information provided in this Bulletin is encouraged to consult a private
immigration attorney prior to doing so.
The final step in the process of obtaining permanent residency (i.e., a “green card”) is the filing of
an “Application to Adjust Status” (“AOS”) by the Foreign National and each of his/her non-U.S.
citizen dependents (spouse and children under the age of 21). Alternatively, the Foreign National
and each of his/her dependent may apply for an “Immigrant Visa” (i.e., “green card”) at a U.S.
Consulate in his or her home country. This latter option is commonly referred to as “Consular
Processing” and is discussed in more detail at the end of this Informational Bulletin.
For employment-based permanent residency (i.e., where The University “sponsors” the Foreign
National for permanent residency), the filing of the AOS is preceded by: first, the filing of an
ETA 9089 (PERM) “Application for Alien Labor Certification”* by The University; and, second,
the filing of a Form I-140 “Petition for Immigrant Worker” by The University.
It is important to recognize that where The University sponsors a Foreign National for permanent
residency, all dependents of the Foreign National may file AOS Applications based on The
University’s sponsorship of the Foreign National.
Note: each AOS applicant must be physically present in the United States at the time the AOS
Application is filed.
This Informational Bulletin will discuss: (i) the timing of the filing of the AOS Application; (ii)
the documentation required with the AOS Application; (iii) other filings that may be required or
advisable with the AOS Application; and (iv) the option of Consular Processing.
PLEASE NOTE: The AOS Application is filed by the Foreign National (and each dependent
family member). This is not an application prepared or filed by The University. As a result,
responsibility to ensure that this necessary filing is made rests with the Foreign National.
If you wish to have our Office’s assistance in the preparation, assembly and filing of the AOS
Application, we charge a $500 per applicant administrative fee for this service. Our Office will
work directly with you to obtain the necessary information in order for our Office to prepare the
necessary forms and collect the necessary documentation for the AOS filing.
If you wish to retain a private attorney to assist you with the AOS filing, we are happy to assist in
making a referral for you.
*The filing of an ETA 9089 (PERM Application) is not required where The University has filed a Form I-140 Petition seeking
classification of the Foreign National as an “Outstanding Professor or Researcher.”
PLEASE BE FURTHER ADVISED THAT THE PRIMARY APPLICANT’S “PRIORITY
DATE” MUST BE CURRENT IN ORDER TO FILE THE ADJUSTMENT OF STATUS
APPLICATION. AT PRESENT, THIS ISSUE ONLY ARISES FOR FOREIGN NATIONALS
BORN IN CHINA OR INDIA. FOR MORE INFORMATION ON THIS COMPLEX ISSUE,
PLEASE CONSULT A PRIVATE IMMIGRATION ATTORNEY.
Timing
The AOS Application can be filed: (i) concurrently with the filing of the Form I-140 by The
University; or, (ii) after The University has received a Form I-797 Receipt Notice for the filing of
the Form I-140; or, (iii) after The University has received a Form I-797 Approval Notice for the
Form I-140. That is to say, the AOS Application can be filed concurrently with the I-140, while
the I-140 is pending, or after the I-140 is approved. In any case, the AOS applicant must be
physically present in the United States when the AOS Application is filed with the USCIS.
Deciding when to file the AOS Application is determined by a variety of factors, including:

do dependents of the Foreign National wish to obtain work authorization?
Each person who files an AOS Application is eligible to file for work
authorization (through the filing of a Form I-765 Application for Employment
Authorization). This is important if a dependent of the Foreign National does
not currently have work authorization. For example, assume the Foreign
National is currently in H-1B Status, as an employee of The University, and her
spouse is in H-4 Status – which status prohibits employment. If the Foreign
National’s spouse wishes to obtain work authorization, the spouse can file a
Form I-765 Application for Employment Authorization Document at the same
time that the spouse files his AOS Application. In such a case, it would be
advisable for the Foreign National and her dependents to file their AOS
Applications concurrently with the filing of The University’s Form I-140.

does the Foreign National (or his/her dependents) intend to travel abroad?
The applicant must be physically present in the United States when the AOS
Application is filed. And once the AOS Application is filed, the applicant may
not leave the United States unless: (i) the applicant is in H-1B or H-4 Status (and
has maintained that status through timely filed extensions); or, (ii) the applicant
has obtained Advance Parole (through the filing of a Form I-131 Application for
Travel Document and receipt of the USCIS – issued approval). That is to say, if
the Applicant holds any nonimmigrant status other than H-1B or H-4, the
Applicant must obtain Advance Parole before departing from the United States
– failure to do so will result in the AOS Application being deemed abandoned.
Therefore, it is critically important to evaluate the Foreign National’s plans to
travel abroad in considering when to file the AOS Application. In addition,
Foreign Nationals who do NOT need Advance Parole (i.e., H-1B or H-4 Status
Holders) but who will need a new visa to travel abroad, may wish to consider
whether obtaining Advance Parole would be more expeditious than obtaining a
Visa abroad.

does the Foreign National have a current “Priority Number?”
At present, immigrant visas are immediately available for all foreign nationals in
the EB 1 and EB 2 categories, except for citizens of China and India. Those two
countries are subject to visa regression, and will likely remain so for the
foreseeable future. Citizens of those countries should contact The University of
Iowa Office of Faculty & Staff Immigration Services for more information
regarding this matter. A brief discussion of this issue is set forth at the end of
this Memorandum.
Required Documentation
In order to file for Adjustment of Status, the following documentation must be submitted to the
USCIS for each applicant:

Check in the amount of $1,070 ($985 I-485 filing fee and $85 fingerprinting fee)
payable to the Department of Homeland Security
NOTE: If the Applicant is under 14 years of age, and is filing concurrently with
his/her parent, the filing fee is $635;
Important Note: The $1,010 fee includes the filing fee for a concurrently filed Form I765 Application for Employment Authorization, and/or a concurrently filed Form I131 Application for Travel Document. For that reason, it is advisable to submit these
two Applications concurrently with the Adjustment of Status Application

Form I-485 Application to Adjust Status (signed original);

Form G-325A Biographic Information (signed original);
If the Applicant is under 14 years of age, the G-325A is not required

Evidence of Eligibility to Adjust Status:
o If concurrently filed with Form I-140:
Copy of Form I-140 (The University of Iowa, Petitioner)
o If filed while Form I-140 is pending:
Copy of Form I-797C Receipt Notice from I-140 Filing
o If filed after Form I-140 is approved:
Copy of Form I-797 Approval Notice, approving I-140

Evidence of Lawful Status:
o Copy of Form I-797 Approval Notice for current Nonimmigrant Status;
o Copy of Current I-94 Arrival/Departure Record
Important ant Note: The applicant must be physically present in the United
States when the application is filed.
o Copy of documentation evidencing maintenance of lawful status since date
of first entry into U.S. , including all prior Employment Authorization Cards.
Therefore, be sure to include all prior H1b approval notices, I-20 forms (for
student formerly in F-1 or F-2 status), and DS 2019 forms (for exchange
visitor formerly in J-1 and J-2 status);

Evidence of Lawful Entry:
o Complete Copy of Passport (ensure that Passport is valid);
o Clear copy of Passport I.D. page with photograph and validity dates;
o
o

Copy of Visa from most recent entry into U.S.;
Copy of I-94 Arrival/Departure Record from most recent entry into U.S.;
Birth Certificate (with certified English translation)
NOTE: the Birth Certificate must be a copy of an official government-issued
document and must contain clear evidence of the identity of both biological
mother and biological father. A description of what is an acceptable birth
certificate can be found at http://travel.state.gov/visa/fees/fees_3272.html, using
the drop down menu to select your country of birth);

Marriage Certificate (with certified English translation)
NOTE: the Marriage Certificate must be a copy of an official governmentissued document. A description of what is an acceptable marriage certificate can
be found at http://travel.state.gov/visa/fees/fees_3272.html, using the drop down
menu to select your country of birth);
NOTE: Only necessary if spouse also applies for Adjustment of Status;

Employment Confirmation/Verification Letter from the applicant’s Department
(NOT REQUIRED IF FILING CONCURRENTLY WITH THE
UNIVERSITY’S FORM I-140 PETITION);

Photograph of the Applicant (two originals, passport style photograph) for I-485.
If filing forms I-765 and/or I-131, two additional photographs per form are
additionally required, for a total of six passport style photographs. These may
be obtained at Wal-Mart, Walgreens, or a photograph studio;

Photo Identification Document (e.g., full color copy of driver’s license);

USCIS Form I-693 Medical Examination (form available online at uscis.gov).
NOTE: the Medical Examination can be submitted at the time of the filing
of the Adjustment of Status Application, or after the Adjustment of Status
Application is filed. If the Medical Examination is not submitted with the
Adjustment of Status, the USCIS will issue a “Request for Evidence”
approximately 90 to 120 days after filing, at which time you will submit your
Medical Exam.
Medical Examination
Applicants for adjustment of status are required to have a medical examination. The medical
examination must be conducted by a physician who has been designated by the USCIS as a “civil
surgeon.” The physician then completes the Form I-693
As noted above, the completed Form I-693 medical examination can be filed either with the AOS
Application, or after the AOS Application has been receipted. The USCIS guidance on the
filing of the required Form I-693 medical examination states:
If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:
Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent
Residence or Adjust Status, to the location specified for your Form I-485
Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent
communication with USCIS (for example, a Request for Evidence letter from USCIS).
http://www.uscis.gov/i-693
For a (more or less) current list of civil surgeons either go to: uscis.gov and to the Forms Link for
Form I-693; or, contact 1-800-375-5283. After you have selected English or Spanish as your
language of choice for the message, choose #2 for medical examinations, then choose #3 for a list
of certified physicians. You will then be asked to key in your zip code and, at the prompt, press
#1 to confirm. Have pencil and paper ready to record the names of the civil surgeons provided.
We are aware that the following physicians have been certified by the USCIS. Please call the
particular office to confirm that the physician is continuing to provide USCIS physicals:
UIHC River Crossing Family Practice
Dr. David A. Bedell
3056 River Crossing Court
Riverside, Iowa
319.467.8355
Dr. Richard T. Pope, Dr. Richard T. Pope, Internal Medicine
411 Tenth Street SE, Suite 300, Cedar Rapids, IA 52403
(319) 364-5321
Dr. Robert J Schultes, Mercycare Second Avenue
1444 2nd Avenue SE, Cedar Rapids, IA 52403
(319) 363-2929
Dr. Gary Erbes, McFarland Clinic P.C.
1018 Duff Avenue, Ames, IA 50010
(515) 239-4400
Dr. Basil Hassan, Jordan Creek Family Medical Clinic
230 South 68th Street, Suite 1203, West Des Moines, IA 50266
(515) 471-1800
Dr. Dale M Grunewald, Jordan Creek Family Medical Clinic
230 South 68th Street, Suite 1203, West Des Moines, IA 50266
(515) 471-1800
Dr. Dawn M Schissel, Jordan Creek Family Medical Clinic
230 South 68th Street, Suite 1203, West Des Moines, IA 50266
(515) 471-1800
Dr. Irving Wolfe, Central Iowa Neurology
4116 University Avenue, Des Moines, IA 50311
(515) 255-7414
Dr. Carlos Alarcon-Schroder, Polk County Health Department (Immunizations Only)
1907 Carpenter Avenue, Des Moines, IA 50314
(515) 286-3798
Dr. Terrance O. Kurtz, Concentra Occupational Medicine Clinical and Urgent Care
2100 Dixon, Suite E, Des Moines, IA 50316
(515) 265-1020
Dr. Carlos Alarcon-Schroder, Urbandale Medical Clinic (Full Medical)
6200 Aurora Avenue, Suite 100 West, Urbandale, IA 50322
(515) 270-1177
Dr. Jason C. Ekwena, City Family Clinic, PLC
6401 Douglas Avenue, Suite 10, Urbandale, IA 50322
(515) 276-8800
Dr. John C Tapp, Mercy Urbandale Medical Clinic
6200 Aurora Avenue, Suite 100 West, Urbandale, IA 50322
(515) 270-1177
Dr. Kenneth M Andersen, Mercy Urbandale Medical Clinic
6200 Aurora Avenue, Suite 100 West, Urbandale, IA 50322
(515) 270-1177
Dr. Martin B Mortens, Mercy Urbandale Medical Clinic
6200 Aurora Avenue, Suite 100 West, Urbandale, IA 50322
(515) 270-1177
Dr. Ronald Pick, Mercy Urbandale Medical Clinic
6200 Aurora Avenue, Suite 100 West, Urbandale, IA 50322
(515) 270-1177
Dr. Kimberly Neumann, Peoples Community Health Clinic
905 Franklin Street, Waterloo, IA 50703
(319) 272-4300
Dr. Muhammad A Pathan, Peoples Community Health Clinic, Inc.
905 Franklin Street, Waterloo, IA 50703
(319) 272-4300
Dr. Sharon Duclos, Peoples Community Health Clinic, Inc.
905 Franklin Street, Waterloo, IA 50703
(319) 272-4300
Dr. Muhammad Pathan, Covenant Clinic
501 Clark Street, Dysart, IA 52224
(319) 476-4000
Dr. Veronica Butler, Family Medical Center
1221 North Court, Ottumwa, IA 52501
(641) 683-3101
Dr. Oduah Daniel Osaro, Clinton Urgent Care Facility
108 South 4th Street, Clinton, IA 52732
(563) 241-1239
Please be aware that you may be unable to obtain an appointment for a Medical Examination in less than 30 to 60 days.
ANCILLARY APPLICATIONS
(May be filed initially with form I-485 or thereafter, and be used for any future extensions)
Form I-765 Application for Employment Authorization:







USCIS Form I-765 Application for Employment Authorization
Evidence of Form I-485 Filing
o If filing w/ I-485: no additional evidence is required;
o If filing after I-485: Copy of Form I-485 Receipt Notice
Copy of Current I-94;
Copies of any prior Employment Authorization Documents (i.e., “EAD” cards);
If Renewal:
o copy of current Employment Authorization Document; and
o copy of prior I-765 Approval Notice;
Two Photographs of the Applicant; and
Photo Identification Document (e.g., full color copy of driver’s license)
Form I-131 Application for Travel Document:





USCIS Form I-131 Application for Employment Authorization
Evidence of Form I-485 Filing:
o If filing w/ I-485: no additional evidence is required;
o If filing after I-485: Copy of Form I-485 Receipt Notice
Copy of Current I-94;
If Renewal:
o copy of current Advance Parole Document; and
o copy of prior I-131 Approval Notice;
Copy of Current I-94;


Two Photographs of the Applicant; and
Photo Identification Document (e.g., full color copy of driver’s license)
CONSULAR PROCESSING
An alternative route to obtaining lawful permanent resident status is to apply for the “immigrant
visa” (i.e., “green card” or alien registration card) at a U.S. Consulate in the applicant’s country
of birth. If the Applicant wishes to elect this option, Immigration Services must be advised, as
our office must so indicate on the Form I-140 that we file on behalf of the employee/applicant.
Consular Processing may result in a faster issuance of the immigrant visa (green card) than would
Adjustment of Status; however, it does require a trip abroad to submit the application at the U.S.
Consulate and a period of waiting outside the U.S. until the immigrant visa is issued. For more
information on this advisability and process to implement this option, the Foreign National will
need to consult a private immigration attorney. We will attempt to summarize the salient points
of Consular Processing below:
1.
Initial Election: if the Foreign National wishes to utilize Consular Processing,
The University of Iowa must indicate this election on the Form I-140 Immigrant
Petition. Therefore, the Foreign National must inform our office prior to the
filing of the Form I-140 that s/he wishes to utilize Consular Processing. If,
subsequent to the filing of the I-140, the Foreign National decides that s/he
wishes to file Adjustment of Status, the Foreign National may do so without
making any further election. The Foreign National will need to notify our office
of this change, and we will notify the USCIS; however, the Foreign National can
proceed directly to filing the Adjustment of Status applications without any
further filings or notifications to the USCIS.
Advisory Note: if the Foreign National is uncertain about which option would be
preferable, the better course is to elect Consular Processing. This election
effectively keeps both options open. This is particularly important to Foreign
Nationals subject to Visa Regression (at present, Foreign Nationals born in either
China or India), since there will likely be substantial delays before the Foreign
National can either make the AOS application or the Consular Processing filing.
Given that likelihood, it is important to keep both options open.
2.
3.
Subsequent Election: if the Form I-140 is filed indicating an election to file
Adjustment of Status, and the Foreign National decides thereafter to utilize
Consular Processing, then the Foreign National will need to file a Form I-824 and
pay a $200 fee to the USCIS (see http://uscis.gov/graphics/formsfee/forms/i824.htm). The USCIS typically takes at least 6 months to adjudicate the Form I824, after which time, the Foreign National can proceed with Consular
Processing.
Procedures: when the Form I-140 is approved by the USCIS, the National Visa
Center will mail to you a package containing three forms to complete and
instructions. Once you have completed the forms and returned them to the
National Visa Center you will receive a second package regarding your
appointment at the U.S. Consulate.
VISA REGRESSION
Each month, the Department of State issues the “Visa Bulletin,” which provides current
information on the allotment of employment-based immigrant “visa numbers” (i.e., “green
cards”) based on the particular preference category and the beneficiary’s “Priority Date.” The
monthly Visa Bulletin is available at http://travel.state.gov/visa/bulletin/bulletin_1360.html).
Only EB 2 Beneficiaries with a “Priority Date” falling on or before the applicable “cut off” date
are eligible to file an Adjustment of Status Application.
For a number of years, the allocation of employment-based immigrant “visa numbers” for
foreign nationals born in China and India has been backlogged for a substantial period of time.
This backlog applies only to EB-2 Petitions (National Interest Waiver or Member of the
Professions with Advanced Degrees) filed by or on behalf of foreign nationals born in either of
those two countries. By contrast, “Priority Dates” for EB-1 Petitions (Alien of Extraordinary
Ability, Outstanding Professor or Researcher) and filed by or on behalf of all foreign nationals
remain “current” (i.e., no backlogs, regardless of the beneficiary’s country of birth).
The Employment-Based Allocation of “Immigrant Visas” and Priority Dates
A.
The Department of State allocates “immigrant visas” (or “green cards”) based upon a complicated
priority system applicable to both family-based immigration and employment-based immigration.
Foreign national employees of The University of Iowa who have been sponsored by their
employing Department for permanent residency are thus subject to the allocation of “immigrant
visas” under the employed-based category.
The employment-based category has a priority-based system:


EB-1: this category includes two types of beneficiaries:
o
“Alien of Extraordinary Ability” – this category is comprised of beneficiaries
who have “self-petitioned”; that is, those beneficiaries who have filed their
own petition without their employer’s sponsorship. This category is
commonly used by beneficiaries who do not hold a “permanent” position
with their employer. The criteria for eligibility under this category are
effectively identical to those applicable to an “Outstanding Professor or
Researcher”, save for the experiential and permanent job offer requirements;
o
“Outstanding Professor or Researcher” – this category is comprised of
beneficiaries who have been sponsored by their employer, and who have: (A)
at least three years teaching or researching experience; (B) a permanent job
offer from their sponsoring employer; and (most importantly) (C) achieved
“sustained national or international acclaim.” For more information about
this last criterion, please contact our Office;
EB-2: this category includes two types of beneficiaries:
o
“National Interest Waiver” – this category is comprised of beneficiaries who
have “self-petitioned”; that is, those beneficiaries who have filed their own
petition without their employer’s sponsorship. This category is commonly
used by beneficiaries who do not hold a “permanent” position with their
employer and who may not qualify as an “EB-1 Alien of Extraordinary
Ability;”
o
“Member of the Professions with Advanced Degree”—this category is
comprised of beneficiaries who have been sponsored by their employer, and
who have: (A) an “advanced degree”, i.e., a Masters, Ph.D., or professional
degree (M.D., DVM, J.D., DDS); and (most importantly) (B) have an
approved ETA 9089 “Application for Alien Employment” from the
Department of Labor. Thus, this category requires that the employer go
through the “labor certification” process as a condition to sponsorship. For
more information about this last criterion, please contact our Office.
Each federal fiscal year (October 1), the Department of State has a new quota of “green cards” to
allocate among the various categories, each of which has a “per country” limit. If a particular
country has exhausted the quota for a particular category, that category is backlogged. Foreign
national beneficiaries are then placed in a queue, determined by the date of their “Priority Date.”
Only those beneficiaries with a “Priority Date” falling prior to the stated cutoff date will be
eligible for a green card.
B.
Practical Implications
The practical implications of this are as follows:
1.
2.
3.
4.
The Beneficiary’s “Priority Date” (which is fixed by the filing of the ETA 9089
Application for Alien Employment Certification in the case of an EB-2 Petition)
remains critical. The applicable “cutoff dates” can be found in the monthly “Visa
Bulletin” at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
The Beneficiary is ineligible to file his/her Adjustment of Status Application until
the “cutoff” date is later than his/her “Priority Date.” Thus, there could be as much
as four to five years of “ineligibility” from the time the I-140 if filed.
The “Aging Out” of dependent children can become a critical issue (and is subject to
complicated rules); and
Maintenance of nonimmigrant status (typically in H-1b or H-4 status) is essential; the
availability of multiple single year H-1B extensions beyond the sixth year of H-1B
must be exploited through the timely commencement of permanent residency
sponsorship.
IMPORTANT MESSAGE from our OFFICE
Once you have filed form I-485 and received a receipt notice from USCIS, a copy should be sent
to our office and to your department Human Resource contact person. After you receive your
“green card,” please send our office a copy so that we can update and close your file. You are
also responsible for notifying your Human Resource contact person when you receive a “green
card” so that they can do a “reverification” I-9 form to send to Payroll. Payroll needs to be
updated so there are no surprise tax issues at a later date. Feel free to contact our office at
immigration@uiowa.edu with any questions you may have. Thank you.
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