What happens if my EB-1 is approved but I don’t move forward to get my green card?

Having your EB-1 approved is a significant milestone, but it is only the first step. Approval means that your employment-based immigration petition has been recognized by the authorities, not that the green card has already been granted. Permanent residence is only finalized in the next stage of the process.

If you choose not to move forward with adjustment of status (inside the U.S.) or consular processing (outside the country), you do not automatically receive the benefits of permanent residence. In practice, you remain under whatever immigration status you currently hold, whether a nonimmigrant visa or another valid status.

Until you complete that transition, you do not enjoy the typical advantages of a green card, such as:

• Working without the restrictions of a temporary visa.
• Entering and leaving the country with the freedom of a permanent resident.
• Accumulating time of residence for future purposes.

In many cases, an approved petition remains valid for certain purposes and can serve as a basis for resuming the process later, as long as you remain eligible and meet the requirements in effect at that time. Because each situation has its own particulars and rules can change, it is worth verifying the current requirements with USCIS or with a trusted professional before deciding on your next steps.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.