If you’re currently working in the U.S. as a foreign national, you may start to wonder whether you can make this a permanent position. Transitioning from a non-immigrant work visa to a Green Card (Lawful Permanent Residency is possible for professionals. However, there are some legal hoops to jump through. Please continue reading as we explore what you need to know about these matters and how our experienced work visa lawyers at Lupton Law, LLC can assist you in making this leap without jeopardizing your status.
Can You Apply for a Green Card While on a Temporary Work Visa?
First and foremost, it’s crucial to understand that you can apply for lawful permanent residency while in the U.S. on a temporary work visa through a process called Adjustment of Status, as long as you meet the strict eligibility requirements. You can remain in the U.S. while your application is processed by the United States Citizenship and Immigration Services (USCIS). If a visa is immediately available, you can file Form I-485 to adjust your status. Bear in mind that most employment-based green cards, such as EB-1, EB2, and EB-3, require an employer to file an immigrant petition on your behalf.
Dual intent is another pathway, allowing foreign nationals on certain temporary non-immigrant visas to work or study in the U.S. while simultaneously pursuing permanent residency without jeopardizing their current status. Most employment-based visas require applicants to prove they don’t plan on staying permanently in the U.S. However, this is not the case for visas with dual intent.
What Does the Process Entail?
The employment-based green card process starts with the PERM Labor Certification. This requires your employer to test the U.S. labor market to prove there are no available workers for the position you’re seeking. Once this is cleared, you must satisfy certain qualifications during the I-140 stage. This is where you prove you are the right individual for the category you’re applying for.
The final step is the Adjustment of Status, which officially transitions you from a temporary worker to a permanent resident. While you await approval, you can apply for a work permit and travel documents. It should be noted that this is a time-consuming process. Be careful when it comes to travel restrictions, as leaving the country could potentially be perceived as abandoning your pending application.
At Lupton Law, LLC, our legal team is prepared to help you stay proactive and organized, ensuring you successfully navigate this process and achieve your immigration objectives. Connect with our legal team today to schedule a consultation.
