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October 4, 2024
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How to Transition from a Work Visa to Permanent Residency

There are many options available to you if you currently have a US work visa (H-1B, L-1 or other), and want to obtain permanent residency. This blog will explain some of the most common options.

1. Employment-Based Green Card

This is the most popular route to transition from a temporary work visa into permanent residency. You’ll need to meet the following requirements in order to qualify:

  • Job Offer: An offer of employment from your employer.
  • Labor Certification: A Department of Labor certificate stating that no U.S. workers are available to fill the position.
  • Priority Date: This is the date that your application for a green card was submitted. This date is often used to determine the processing time of green cards.

2. Immigrant Visa Petition

You can also have someone sponsor you if you are sponsored by a U.S. Citizen or Permanent Resident family member. This involves:

  • Priority Date: Receiving the priority date which will determine your position in line to obtain a visa.
  • Consular Processing: Attending a meeting at the U.S. embassy or consulate in your country.

3. EB-5 Investor Visa

You may be eligible for an EB-5 visa if you can invest a significant amount of money into a U.S. company that creates or maintains jobs. This visa requires a substantial investment, usually $1.8 million or higher.

4. Marriage-based Green Card

You can apply for the marriage-based greencard if you marry an American citizen or permanent resident. This involves filing a request, attending an interview and possibly adjusting your status from temporary resident to permanent.

Important Considerations

  • Processing Time: The processing time for green cards can vary depending on visa categories and other factors.
  • Documentation: You will need to provide extensive documents to support your application. This includes proof of employment, financial records and evidence of relationship (if applicable).
  • Immigration Attorney: Working with an immigration lawyer who has experience in the field is highly recommended. They can guide you through this complex process.

The transition from a temporary work visa to permanent residence can be an exciting but challenging process. You can improve your chances of success by understanding the options available, assembling the required documentation and seeking professional advice.

This post was written by a professional at Malik Law Firm. Malik Law Firm is a premier immigration law group specializing in marriage and employment visas for high-net-worth entrepreneurs, multinational companies, and international investors. With roots in Wall Street, we’ve expanded our expertise from New York to Tampa, FL, proudly representing major clients like Facebook, Google, and Microsoft. Our award-winning firm boasts over 200 five-star reviews, including 38 from our Tampa office, reflecting our commitment to excellence. Recognized by Best Lawyers and Super Lawyers, we serve clients across 30 countries and all 50 U.S. states. Our innovative, automated processes ensure complete transparency and personalized support, keeping clients informed every step of the way. Click here to learn more!

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