What are the Options for Transition from an Employment Visa to a Permanent Residency?

An employment visa is a generally non-immigrant visa. In other words, it does not provide an automatic path to a green card (lawful permanent resident status). With that being said, there may be options available for you to transition from an employment visa over to a green card. Here, our Virginia employment immigration lawyer explains the key things to know about transitioning from an employment visa to lawful permanent residency.

An Overview of Your Options for Getting a Green Card After Holding an Employment Visa

It is important to remember that employment visas are non-immigrant visas that do not convert into lawful permanent residency on its own. When an employment visa expires, a person is generally expected to depart the United States unless they renew it. However, federal immigration law does allow several distinct options for getting a green card after holding an employment visa. These cases are circumstance-specific. One or more of the following options may potentially be available in your case:

• PERM Labor Certification (EB-2 and EB-3 Pathway): Most H-1B, L-1B, and other nonimmigrant visa holders who transition to a green card do so through the PERM process. The employer must test the labor market and certify that no able, willing, qualified, and available U.S. workers exist for the role at the prevailing wage. After certification, the employer files Form I-140 with USCIS. From there a worker can file adjustment of status (Form I-485) when a priority date becomes current.
• EB-1 Priority Workers (No Labor Certification): As explained by United States Citizenship and Immigration Services (USCIS), some workers are eligible to bypass PERM. EB-1A covers individuals of extraordinary ability and permits self-petition. EB-1B covers outstanding professors and researchers with a qualifying employer. EB-1C covers multinational managers and executives, often transitioning from L-1A status.
• The National Interest Waiver (NIW) Under EB-2: In some cases, a worker may request a waiver of the labor certification if the proposed endeavor has substantial merit and national importance, the applicant is well positioned to advance it, and a waiver benefits the United States. NIW allows a person to self-petition without an employer sponsor.
• Family-Based Immigration or Other Cross-Over Options: Finally, some employment visa holders are eligible to transition through a separate track. Marriage to a U.S. citizen, sponsorship by an immediate relative, or eligibility under special programs can provide a faster route than employment-based queues. A cross-over green card petition may be the best, or in some cases, only, viable path to turn an employment visa into a green card.

Speak to Our Virginia Employment Immigration Attorney Today

At Escobar Law Offices, our Virginia employment immigration lawyer is standing by, ready to protect your rights and your interests. If you have any questions about getting a green card after having an employment visa, please do not hesitate to contact us for a confidential consultation. We provide employment immigration services throughout Northern Virginia.

Source:

uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants