Can You Apply for a Green Card While on a Work Visa

Many people who come to the United States on a work visa eventually hope to stay in the country long-term. One common question is whether it's possible to apply for a green card while still working in the country under a temporary visa. The answer is often yes, depending on the type of work visa and the individual’s situation.

Understanding Work Visas and Green Cards

A work visa allows someone to live in the U.S. for a limited time while working in a specific role. There are several types, including the H-1B for specialized jobs, the L-1 for employees transferring within a company, and the O-1 for individuals with exceptional ability in fields such as science or the arts.

A green card, also known as lawful permanent residence, lets a person live and work in the U.S. indefinitely. Unlike a temporary visa, a green card is a step toward citizenship and comes with more benefits and security.

Can You Apply for a Green Card While on a Work Visa?

For many work visa holders, the green card application process is open, but the path depends on the type of visa they hold.

Some visas, like the H-1B and L-1, allow what’s known as “dual intent.” This means the person can be in the U.S. temporarily while also planning to become a permanent resident. With these visas, starting a green card application does not conflict with the visa terms.

Other visas, such as the TN (for Canadian and Mexican professionals) or the H-2B (for seasonal workers), do not allow dual intent. In these cases, a person may need to change to a different visa before beginning the green card application process.

How the Green Card Application Process Works

Labor Certification (PERM)

For many employment-based green cards, the process starts with the employer getting a labor certification. This proves to the U.S. Department of Labor that there are no qualified U.S. workers for the job.

Immigrant Petition for Alien Workers

After certification, the employer files this form with U.S. Citizenship and Immigration Services (USCIS). This form indicates that the employee is eligible for permanent residence and that the company can pay the required wage.

Application to Register Permanent Residence or Adjust Status

If the person is already in the U.S., they may be able to file this form to adjust their status from a work visa holder to a permanent resident. If they are outside the country, they may complete the process through a U.S. consulate abroad.

Work and Travel During the Process

While waiting, applicants can file for a work permit and travel document. These allow them to keep working and travel internationally while the green card application is being processed.

Keeping Legal Status During the Application

It’s important for applicants to stay in valid visa status until the green card is approved. Those on a visa, such as the H-1B or L-1, can continue working for their employer. Applying for a work permit is optional but can be helpful, especially if the applicant wants job flexibility or the visa will expire soon.

Working without authorization can hurt a person’s chances of getting a green card, so it’s important to keep records up to date and stay in compliance with immigration rules.

Challenges and Special Cases

Not all work visas support a path to a green card. Individuals on visas without dual intent may face difficulties in changing their status. In these situations, the best option may be to switch to a different type of visa that allows dual intent.

There are also options for individuals who don’t require an employer to apply on their behalf. For example, individuals with extraordinary ability may qualify for the EB-1 category and can file their own petition. Another path is the National Interest Waiver (EB-2), which is for people whose work benefits the U.S. as a whole.

Family members of the primary visa holder can often apply for a green card too, depending on the visa and the type of green card being sought.

Planning Your Path from Work Visa to Permanent Residency

Applying for a green card while on a work visa is possible for many people, but the process can be complex. The type of visa, the employer’s role, and government rules all play a part. Some people can apply while staying in the U.S., while others may need to go through consular processing abroad.

It’s wise for applicants and their employers to understand the rules and timelines involved. Getting help from an immigration attorney or a trusted source can help make the green card application process smoother and reduce the risk of delays or denials.

Contact Information:

Spektor, Spektor & Berman, P.C.

299 Broadway #1020
New York, NY 10007
United States

Yakov Spektor
(646) 846-7782
https://spektorlawgroup.com/