Do you have a pending asylum application? Learn what career options you could explore to obtain a Green Card and what you should review before making any decisions.
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If you have a pending asylum application in the United States and, at the same time, you have education, professional experience or a specialized profile, you may have wondered if there is another way to obtain a Green Card.
The answer depends on your immigration and professional status. Having a pending asylum application does not automatically mean you should wait for that process to end before exploring other alternatives. But it also doesn't mean that you can automatically obtain residency through a professional route.
To understand this better, let's review the main scenarios.
When a person is granted asylum, there may be a path to apply for permanent residency based on that status. Generally, an asylee can apply for adjustment of status after having been physically present in the United States for at least one year since the granting of asylum, provided they meet all other applicable requirements.
In this scenario, residency is sought. through asylum, not necessarily through a professional category.
Maria's asylum application was approved. After fulfilling the required physical presence in the United States, she could consider applying for a Green Card as an asylee.
This is different from a person whose asylum is still pending.
A pending asylum application means that USCIS has not yet granted asylum. Therefore, It cannot be assumed that the person already has the immigration benefit corresponding to an approved asylum.
However, while waiting, the person can analyze whether there is another immigration alternative that fits their situation.
This is where it becomes important to review elements such as:
Carlos has a pending asylum application. During that time, he completed vocational training in the United States and began working in a field related to his studies. Instead of assuming he can simply wait for the asylum decision, he decides to review his entire immigration history first. Having a job or professional background may be relevant for exploring alternative options, but it would still be necessary to determine if there is a category under which he qualifies and, subsequently, if he can use that category to obtain residency in the United States.
He affirmative asylum This is the process that is generally presented to USCIS when the person is not in removal proceedings before an immigration judge.
If there is also a solid professional track record, employment-based immigration categories can be analyzed, depending on the characteristics of the case.
These include:
EB-1
It may be relevant for certain individuals with extraordinary abilities and a career path that meets the requirements of this category.
EB-2 NIW
The EB-2 National Interest Waiver may be an alternative for certain professionals who first qualify for EB-2 and who also meet the criteria established by USCIS to request a waiver of the job offer and labor certification requirement.
USCIS evaluates, among other aspects, the merit and national importance of the proposed project, whether the person is well positioned to develop it, and whether granting the exemption is beneficial to the United States.
EB-2 with PERM
Another possibility is an EB-2 visa sponsored by an employer. In these cases, the PERM labor certification process with the Department of Labor is generally involved before the immigrant petition is filed.
EB-3
This category includes professionals, skilled workers, and certain workers in other occupations. As with certain EB-2 categories, it may require a permanent job offer and employment certification.
Laura has a pending asylum application. Before arriving in the United States, she earned a master's degree and worked for several years on specialized projects related to her field. She also has publications and has participated in significant professional initiatives.
Upon learning about employment-based alternatives, Laura might wonder whether she should wait until her asylum process is complete or if she can pursue a career path concurrently. In this case, it would make sense to analyze her profile to determine if she qualifies for a category like EB-1 or EB-2 NIW, or if there is another employer-based option.
But there is a fundamental difference: Just because a person can explore a professional category does not automatically mean they can obtain a Green Card within the United States.
Defensive asylum is filed when the person is already in proceedings before an immigration judge.
This is important because the legal situation can change the available strategy. Furthermore, factors such as how the person entered the United States can be determining factors in whether they can apply for adjustment of status based on an employment category.
Therefore, it is not advisable to assume that a strategy that might work for someone with a pending affirmative asylum application will work the same way for a person in a defensive process.
Andrés has a specialized profession, and an American company is interested in hiring him. At first glance, his situation seems very similar to that of someone with a pending asylum application who is also looking for a career alternative.
The difference is that Andrés is currently in immigration court proceedings. Furthermore, their entry history and immigration records are different. Therefore, although they may both have similar professions and be interested in a certain employment category, they cannot necessarily follow the same procedure to obtain residency.
In Andrés' case, before discussing a possible Green Card through employment, it would be necessary to review what is happening with his court proceedings, his method of entry, and other elements of his immigration history.
Professional profile is important, but it is not the only factor that determines strategy.
Explore a career path It does not automatically mean that you should withdraw your asylum application.
Before making such a decision, it is important to know what would happen to each process and what alternatives would exist if the new strategy is not viable.
Furthermore, there is another difference that many people overlook: Having an approved immigrant petition does not automatically equate to having the right to adjust status within the United States.
For an employment-based adjustment, the manner of entry into the country, status history, possible immigration violations, and other legal requirements may be relevant.
An immigrant visa must also be available when applicable. The Department of State's Visa Bulletin determines the availability of visa numbers based on category and country of cargo. As of September 2026, for example, EB-2 and EB-3 visas have different final action dates depending on the category and country.
Sofia has a pending affirmative asylum application and a potential EB-2 strategy. Before withdrawing her asylum or leaving the United States, she should consider whether she can actually adjust her status, whether she would need to go through consular processing, and whether her immigration history could have consequences upon leaving the country.
That's why, First, the alternatives and their possible scenarios are evaluated; then a decision is made about what to do with the asylum process.
It is possible for a person with pending affirmative asylum to explore a professional pathway, but there is no automatic response for all cases.
The key is to analyze two aspects at the same time: professional profile and immigration history.
Having a master's degree, work experience, or a specialized profile can open the door to considering categories like EB-1, EB-2 NIW, EB-2 with PERM, or EB-3. But to know if any of these can actually lead to a Green Card, it's also necessary to review how you entered the United States, your immigration history, and whether you can use adjustment of status or if you would need another route.
At AsisVisa we can help you review your immigration and professional situation to identify what alternatives might exist in your case.
Before withdrawing your asylum, changing your strategy, or traveling outside the United States, first analyze the implications of that decision.
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