Table of Changes, I-485 AC21 + Fee

TABLE OF CHANGES – INSTRUCTIONS

Form I-485, Application to Register Permanent Residence or Adjust Status

OMB Number: 1615-0023

Date: 11/21/2016

Reason for Revision: Updates are required for Form I-485 due to a Fee Increase and AC21 NPRM.

Current Page Number and Section	Current Text	Proposed Text
Pages 3-5, Initial Evidence	[Page 4] …9. Affidavit of Support/Employment Letter A. Affidavit of Support Submit an Affidavit of Support (Form I-864) if your Form I-485 is based on your entry as a fiancé(e), a relative visa petition (Form I-130) filed by your relative, or an employment-based visa petition (Form I-140) related to a business that is five percent or more owned by your family. B. Employment Letter If your Form I-485 is related to an employment-based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid. NOTE: The affidavit of support and/or employment letter are not required if you are applying for creation of a record based on continuous residence since before January 1, 1972, asylum or refugee adjustment, or a Cuban citizen or a spouse or unmarried child of a Cuban citizen who was admitted after January 1, 1959… 10. Evidence of eligibility …	[Page 4] …9. Affidavit of Support/Confirmation of Job Offer (Supplement J) A. Affidavit of Support Submit an Affidavit of Support (Form I-864) if your Form I-485 is based on your entry as a fiancé(e), a relative visa petition (Form I-130) filed by your relative, or an employment-based visa petition (Form I-140) related to a business that is five percent or more owned by your family. B. Confirmation of Job Offer (Supplement J) If your Form I-485 is related to an employment based visa petition (Form I-140) filed in an employment-based immigrant visa category that requires a job offer, and you are filing Form I-485 after the employer filed the Form I-140 on your behalf, you must file Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA Section 204(j) (Supplement J), together with your Form I-485. For more information about this requirement, please read the instructions to Supplement J. If you are filing Form I-485 together with a Form I-140 filed on your behalf, you do not need to file Supplement J at this time. At any time during the adjudication process, USCIS may request that you file Supplement J. NOTE: Individuals granted a National Interest Waiver of the job offer requirement and individuals granted classification as an alien of extraordinary ability under INA section 203(b)(1)(A) do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer, individuals granted classification as an alien of extraordinary ability or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J when filing Form I-485 or to request job portability under INA section 204(j). If you filed Form I-140 as a self-petitioner, you must intend to work in the occupational field specified in the Form I-140. You should provide a signed statement confirming this intent, unless you are filing Form I-485 together with your Form I-140. Job Portability. If you properly filed Form I-485 and it remains pending with USCIS for 180 days or more after filing, you may be eligible to “port” to a job other than the one offered in the Form I-140. The new job offer must be for a permanent, full-time position in the same or similar occupational classification as the job offered in the Form I-140 that is the basis of your Form I-485. You must file Supplement J in order to request such job portability. For more information, please read the instructions to Supplement J. You may also visit the USCIS website at www.uscis.gov. 10. Evidence of eligibility …
Page 5-6, What Is the Filing Fee?	[page 5] The filing fee for Form I-485 is $985. An additional biometrics service fee of $85 is required for applicants ages 14 to 78. If Form I-485 for a child age 13 or younger is filed in the same envelope with the Form I-485 of at least one parent, the fee for the child’s Form I-485 is $635, under section 201(b)(2)(A)(i), 203(a)(2)(A), and 203(d) of the INA. There is no fee if an applicant is filing as a refugee under section 209(a) of the INA. Use the following guidelines when you prepare your check or money order for the Form I-485 filing and biometrics services fee: The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and Make the check or money order payable to U.S. Department of Homeland Security. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.” NOTE: You may file Form I-765, Application for Employment Authorization, and/or a Form I-131, Application for Travel Document, without fee, if you file Form I-485 and you pay its required fee. You may file these forms together. If you choose to file Form I-765 and/or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of filing and paying for Form I-485. Notice to Those Making Payment by Check. If you send us a check, it will be converted into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will take 24 hours and will be shown on your regular account statement. You will not receive your original check back. We will destroy your original check, but we will keep a copy of it. If the EFT cannot be processed for technical reasons, you authorize us to process the copy in place of your original check. If the EFT cannot be completed because of insufficient funds, we may try to make the transfer up to two times. How to Check If the Fees Are Correct Form I-485 filing and biometrics fees are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below: Visit the USCIS Web site at www.uscis.gov, select “FORMS,” and check the appropriate fee; or Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TDD (deaf or hard of hearing) call: 1-800-767-1833. [Page 6] NOTE: If your Form I-485 requires payment of a biometrics services fee for USCIS to take your fingerprints, photograph, or signature, you can use the same procedure to obtain the correct biometrics fee.	[page 5] The filing fee for Form I-485 is $1,140. An additional biometrics service fee of $85 is required for applicants ages 14 to 78. If Form I-485 for a child age 13 or younger is filed in the same envelope with the Form I-485 of at least one parent, the fee for the child’s Form I-485 is $750, under section 201(b)(2)(A)(i), 203(a)(2)(A), and 203(d) of the INA. There is no fee if an applicant is filing as a refugee under section 209(a) of the INA. NOTE:  The filing fee and biometric services fee are not refundable, regardless of any action USCIS takes on this application.  DO NOT MAIL CASH.  You must submit all fees in the exact amounts.  Use the following guidelines when you prepare your check or money order for the Form I-485 filing and biometrics services fee: The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and Make the check or money order payable to U.S. Department of Homeland Security. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.” [Page 6] NOTE: You may file Form I-765, Application for Employment Authorization, and/or a Form I-131, Application for Travel Document, without fee, if you file Form I-485 and you pay its required fee. You may file these forms together. If you choose to file Form I-765 and/or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of filing and paying for Form I-485. Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will take 24 hours and your bank will show it on your regular account statement. You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your application and charge you a returned check fee. How To Check If the Fees Are Correct Form I-485’s filing fee and biometric services fee are current as of the edition date in the lower right corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833. [Deleted] Fee Waiver You may be eligible for a fee waiver under 8 CFR 103.7(c). If you believe you are eligible for a fee waiver, complete Form I-912, Request for Fee Waiver (or a written request), and submit it and any required evidence of your inability to pay the filing fee with this application. You can review the fee waiver guidance at www.uscis.gov/feewaiver.

1