The Dallas-Fort Worth (DFW) metroplex is a thriving economic hub, home to numerous Fortune 500 companies and a booming tech sector. For many foreign professionals, DFW is not just a place to work—it’s the place they want to call home permanently. If you are currently working in the United States on a temporary visa (like an H-1B or L-1) and want to secure a green card without leaving the country, Employment-Based Adjustment of Status (AOS) is likely your path forward.
This guide explores the nuances of transitioning from a temporary worker to a lawful permanent resident in North Texas. We will cover the eligibility requirements, the preference categories, and what you need to know about navigating the process locally.
What Is Employment-Based Adjustment of Status?
Adjustment of Status (AOS) is the procedure that allows an eligible applicant to become a lawful permanent resident (green card holder) while remaining inside the United States. In the context of employment, this usually involves an employer sponsoring you for a permanent position.
Unlike Consular Processing, which requires you to return to your home country for an interview, AOS allows you to continue your life in DFW uninterrupted. You can keep working, your children can stay in their local schools, and you avoid the uncertainty and expense of international travel during processing.
Understanding Eligibility: The EB Preference Categories
Employment-based green cards are limited by annual caps, meaning not everyone who wants one can get one immediately. Applicants are divided into “preference categories” based on skills, education, and the type of work they do. Your category determines how long you will wait for a visa number to become available.
First Preference (EB-1): Priority Workers
This category is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational executives or managers.
- Advantage: You often do not need a specific labor certification, and for those with “extraordinary ability,” you might not even need a job offer.
Second Preference (EB-2): Advanced Degrees and Exceptional Ability
This category covers professionals holding an advanced degree (Master’s or higher) or foreign nationals with exceptional ability in the sciences, arts, or business.
- Requirement: Usually requires a job offer and a labor certification, unless you can obtain a National Interest Waiver (NIW).
Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers
This is a broad category for professionals with Bachelor’s degrees, skilled workers with at least two years of experience, and other workers.
- Note: This category often has a longer backlog due to high demand.
Fourth (EB-4) and Fifth (EB-5) Preferences
EB-4 covers “special immigrants” (like religious workers), while EB-5 is for immigrant investors who invest significant capital into new commercial enterprises in the U.S. (often $800,000 or $1.05 million depending on the area).
The Employment-Based AOS Process in DFW
Securing a green card through employment is a multi-step marathon, not a sprint. Here is the general roadmap for applicants in the Dallas area.
Step 1: PERM Labor Certification
Before you can even apply for a green card, most employers must obtain a Permanent Labor Certification (PERM) from the Department of Labor (DOL). This process proves that there are no qualified U.S. workers available for the position you hold. The employer must conduct a genuine recruitment campaign in the DFW area—placing ads in local papers like The Dallas Morning News or on state workforce boards.
Step 2: The I-140 Petition
Once the PERM is approved, your employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS. This confirms that you qualify for the job and that the employer has the financial ability to pay your salary.
Step 3: Wait for Your Priority Date
This is often the hardest part. You cannot file for Adjustment of Status until a visa number is available for your specific category and country of birth. You must check the monthly Visa Bulletin published by the Department of State to see if your “Priority Date” is current.
Step 4: Filing Form I-485 (Adjustment of Status)
When your date is current, you file Form I-485. This application assesses your personal eligibility—checking your criminal background, immigration history, and health. At this stage, you can also apply for an Employment Authorization Document (EAD) and Advance Parole (travel document), allowing you more flexibility while the green card is pending.
Step 5: Biometrics and Adjudication
You will be scheduled for a biometrics appointment at an Application Support Center (ASC) in DFW (often located on North Stemmons Freeway in Dallas or in Fort Worth). While employment-based interviews were once waived frequently, USCIS policy shifts often mean many applicants must now attend an interview at the Irving or Dallas Field Office.
Specific Considerations for DFW Professionals
Job Portability (AC21):
The DFW job market is dynamic. If your I-485 has been pending for more than 180 days, the American Competitiveness in the Twenty-First Century Act (AC21) allows you to change jobs to a “same or similar” position without restarting the green card process. This is crucial for professionals in volatile industries like tech or energy. However, determining what counts as “similar” can be tricky, so consulting an Adjustment of Status Attorney before you resign is highly recommended.
Layoffs and Grace Periods:
With recent fluctuations in the tech sector, layoffs are a real concern. If you are on an H-1B visa and lose your job before filing for AOS, you typically have a 60-day grace period to find a new employer or change status. If you have already filed for AOS, your status might be protected, but the loss of the sponsor can complicate the I-140 petition.
Cost of Living vs. Prevailing Wage:
For the PERM process, the Department of Labor determines the “prevailing wage” for your specific role in the Dallas-Fort Worth-Arlington MSA (Metropolitan Statistical Area). Because DFW salaries are competitive, employers must be prepared to meet these specific wage requirements to sponsor you successfully.
Local Resources for Employment and Immigration Support
While your employer’s legal team often handles the bulk of the paperwork, several local organizations provide support for workforce development and general immigrant integration in North Texas.
- Workforce Solutions Greater Dallas: This is the local workforce development board. While they serve the general public, they are a key resource for understanding the local labor market and finding data that supports labor certification efforts.
- Literacy Achieves: Based in Dallas, this organization offers English language classes which can be vital for spouses of employment-based applicants who are looking to integrate into the community and enter the workforce themselves.
- Catholic Charities Dallas – Immigration Legal Services: While they focus often on family-based and humanitarian cases, they are a hub of knowledge for general immigration questions and offer “Know Your Rights” sessions that benefit all immigrants in the metroplex.
- DFW International Community Alliance: This organization works to build bridges between the international communities of North Texas. They provide networking opportunities and cultural festivals that can help new residents feel at home.
Securing Your Professional Future in Texas
Employment-based Adjustment of Status is a complex intersection of immigration law and labor regulations. It requires synchronization between you, your employer, the Department of Labor, and USCIS. A failure to respond to a Request for Evidence (RFE) or a mistake in establishing your qualifications can derail years of hard work.
Whether you are a nurse in the Medical District, an engineer in Plano, or a researcher at a local university, your contribution to the DFW economy is valuable. Ensure your path to permanent residency is protected by staying informed and seeking expert legal counsel when navigating these critical transitions.
