Does a Pending I-129 Affect the Processing of I-485 Applications?

Dive Right Into

Key Takeaways

• A pending Form I-129 does not typically delay the processing of Form I-485, as both are adjudicated independently.
• As of February 22, 2025, Form I-485 family-based applications have a 9.3-month average processing time, depending on USCIS office.
• Starting December 10, 2024, USCIS mandates Form I-693 submission with Form I-485 to reduce delays and improve efficiency.

A pending Form I-129, Petition for a Nonimmigrant Worker, does not generally impact the timely adjudication of a Form I-485, Application to Register Permanent Residence or Adjust Status. Each application serves a unique purpose within the U.S. immigration system and is typically handled separately by U.S. Citizenship and Immigration Services (USCIS). Here’s a closer look at how these forms work, their roles in the immigration process, and how they may intersect.

Understanding Form I-485 and Form I-129

Does a Pending I-129 Affect the Processing of I-485 Applications?

Form I-485 is a critical application for foreign nationals in the U.S. who seek to adjust their temporary status to that of lawful permanent resident (commonly known as a Green Card holder). This form is used when the applicant is already in the country and seeks permanent residency as part of family-based immigration, employment-based immigration, or other special eligibility categories. According to USCIS data released on February 22, 2025, the processing time for Form I-485 for family-based applications averages about 9.3 months, though this timeframe can differ based on the category of adjustment and the specific USCIS field office managing the application.

In contrast, Form I-129 is used by employers to bring foreign workers to the United States temporarily. This petition covers a wide array of nonimmigrant categories, such as H-1B specialty workers, L-1 intracompany transferees, and O-1 individuals with extraordinary abilities. It allows beneficiaries to obtain work authorization in the U.S. for a fixed period. As of January 25, 2025, most I-129 petitions, excluding those related to H-1B visa types, are filed at the Texas Service Center.

Independent Processing by USCIS

USCIS processes Form I-485 and Form I-129 independently since they serve distinct groups and purposes. A pending I-129 petition does not generally delay the adjudication of an I-485 application, as the two are evaluated on separate criteria. However, there are situations where the two forms may interact.

Situations of Interaction Between I-129 and I-485:

Change of Status: When individuals with a pending I-485 need to adjust their temporary status (such as moving from one nonimmigrant visa type to another), they may file an I-129. In these instances, USCIS handles the two applications separately.
Employment Authorization: If an applicant has a pending I-485, they may also apply for employment authorization using Form I-765, which provides work permission unrelated to any work authorization granted through an I-129.
Maintaining Nonimmigrant Status: Applicants with pending I-485 forms must maintain their nonimmigrant visa status unless they fall under a category where a “period of authorized stay” applies after the visa’s expiration. This is critical for ensuring applicants do not face complications during the adjustment process.

Concurrent Filings and Approvals

One common situation in which applications overlap is concurrent filing of Form I-485 with other related petitions, such as Form I-130 (used for sponsorship by a close family member) or Form I-140 (employment-based immigration sponsorship). As of February 6, 2025, USCIS allows concurrent filing for immediate relatives of U.S. citizens, preference relative categories where a visa number is available, and employment-based applicants when visa numbers are also current.

In such cases, USCIS may approve Forms I-130 or I-140 nearly simultaneously with the I-485, though approval of the underlying I-130 or I-140 is typically a prerequisite for granting permanent residency.

Policy Updates Impacting Form I-485

Recent developments have introduced improvements to Form I-485 processes. On December 10, 2024, USCIS introduced a revised version of Form I-485 that now mandates the submission of Form I-693 (medical examination results) alongside the Green Card application. This aims to streamline the documentation process and reduce Requests for Evidence (RFEs). Additionally, clearer questions related to the public charge rule were incorporated, simplifying the affidavit of support requirements for sponsors.

For employment-based I-485 applications, the requirement remains that USCIS must approve Form I-140 before adjudicating the I-485. Those applying under family-sponsored or employment-based preferences must also confirm visa availability through the Department of State’s Visa Bulletin before initiating their adjustment application.

Practical Tips for Applicants Handling Both I-129 and I-485

While a pending I-129 generally does not slow down the processing of a Form I-485, foreign nationals should remain vigilant about maintaining lawful status and complying with USCIS guidelines. Here are a few practical considerations:

Premium Processing: Employers filing Form I-129 can pay for premium processing to expedite results. However, this option does not exist for Form I-485, as USCIS processes it according to strict timelines and regulatory guidelines.
Travel Restrictions: Applicants with a pending I-485 who plan to travel outside the U.S. must apply for advance parole using Form I-131. Leaving without this advance authorization may result in the abandonment of the I-485 application.
Employment Authorization via I-765: Even if an individual holds work permission tied to an I-129 petition, they can apply for separate employment authorization through Form I-765 while their I-485 is pending. This provides flexibility, especially if the I-129 petition approval faces delays.
Maintaining Status: Nonimmigrants must retain their valid temporary status while the I-485 is pending unless they qualify for categories that allow a “period of authorized stay.”

Future Outlook: USCIS and Processing Times

USCIS has not indicated any intention to link the processing timelines for Form I-129 and Form I-485. However, the agency continues to refine its procedures to reduce backlogs and enhance efficiency. With the introduction of measures like mandatory concurrent filing of Form I-693 with I-485 and modifications to the Affidavit of Support, USCIS aims to minimize delays that occur due to incomplete applications.

Although there is no policy explicitly delaying I-485 due to pending I-129 petitions, USCIS does prioritize applications in different ways. For instance, certain benefit applications, such as I-140s or forms with premium processing requests, may receive more immediate attention due to workload balancing.

Conclusion

To summarize, a pending Form I-129 does not usually cause any delay in the timeline for processing Form I-485. The two applications occupy different roles in the U.S. immigration system and are adjudicated independently. Applicants juggling both forms should ensure they comply with their status requirements, keep track of visa availability, and use resources such as Form I-765 and Form I-131 to maintain work eligibility or travel permissions.

For the most up-to-date and detailed information, applicants can visit the official USCIS website (USCIS.gov) to check for updates on form guidelines and processing times.

As reported by VisaVerge.com, careful planning and adhering to USCIS instructions are essential for ensuring that both I-129 and I-485 applications proceed without complications. By staying informed and proactive, applicants can better navigate these parallel but independent pathways within U.S. immigration.

Learn Today

Form I-485 → Application for foreign nationals to adjust their temporary status to lawful permanent residency in the U.S.
Form I-129 → Petition filed by employers to bring foreign workers to the U.S. temporarily under various nonimmigrant visa categories.
Nonimmigrant Status → Temporary visa status allowing foreign nationals to live or work in the U.S. for a specific purpose and duration.
Advance Parole → Travel document allowing individuals with a pending Form I-485 to re-enter the U.S. without abandoning their application.
Form I-765 → Application for Employment Authorization allowing individuals to work in the U.S. while other immigration applications are pending.

This Article in a Nutshell

A pending Form I-129 typically doesn’t delay Form I-485 processing, as both serve distinct purposes in U.S. immigration. I-129 supports temporary work authorization, while I-485 focuses on permanent residency. Applicants should maintain lawful status, use tools like Form I-765 for work flexibility, and follow guidelines to avoid complications—planning ensures smoother transitions.
— By VisaVerge.com