If you hold a temporary employment visa and are working in the U.S., you may wonder if you can use your temporary employment visa to obtain permanent residency. The answer is generally yes, but it is not automatic.
While your temporary employment visa allows you to live and work in the U.S., transitioning to permanent resident status involves following specific rules and procedures, often with the help of your employer.
The specific steps often depend on the type of temporary visa you hold
If you hold an H-1B or L-1 visa, you must usually have employer sponsorship. If you hold an EB-2 or EB-3 visa, a permanent labor certification (“PERM”) may be required.
The PERM process requires your employer to receive a prevailing wage determination from the Department of Labor (“DOL”) to verify their offered wage meets or exceeds the average wage for your occupation.
Your employer must then show that they could not find a qualified U.S. worker to fill the position. This is done through a required recruitment process which involves advertising the job and reviewing resumes. Finally, your employer must submit ETA Form 9089, which details your qualifications, their recruitment efforts and the specific job offer.
Once the PERM certification is approved, your employer must file a visa petition with the U.S. Citizenship and Immigration Services (“USCIS”). If you are already working within the U.S., you must next file an adjustment of status petition.
The adjustment of status process
The adjustment of status process involves you or your employer filing Form I-140, which is an immigrant petition for alien worker. When a visa becomes available, you must file Form I-485, or application to register permanent residence or adjust status.
You may also be required to submit to an interview or undergo other requirements, as well as pay a fee.
Your chances of successfully obtaining permanent residency through a temporary employment visa can increase depending on the type of profession you work in. Some professions have better chances of obtaining employment-based green cards due to high demand. Common examples include the healthcare profession, managerial and executive roles and STEM workers.
Your pathway to citizenship
Transitioning from living in the U.S. through a temporary employment visa to obtaining permanent residency can be complex and intricate process. It is important to have a thorough understanding of the legal requirements, pay attention to the timelines involved and ensure your documentation is ready.
There are typically only a certain number of green cards available each year, which means you are competing with others. Mistakes such as missing a deadline or missing documentation can prolong the process and decrease your chances of successfully receiving a green card. Having guidance through the process is critical.