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Can R1 visa apply for green card

Yes, holders of an R-1 visa can apply for a Green Card (permanent residency) in the United States under certain conditions. Here’s an overview of how the process works and the considerations involved:

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Pathway from R-1 Visa to Green Card

  1. Eligibility Criteria:
    • R-1 visa holders must demonstrate that they meet the eligibility requirements for the Green Card category they are applying for. Common pathways for R-1 visa holders include employment-based categories such as EB-2 or EB-3.
  2. Change of Status:
    • R-1 visa holders can file for a change of status to a permanent resident by submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) once their employer has obtained a labor certification and filed Form I-140 (Immigrant Petition for Alien Worker) on their behalf.
  3. Employment-Based Green Card Categories:
    • EB-2 (Employment-Based Second Preference): This category is for professionals with advanced degrees or exceptional ability in their field. An R-1 visa holder must demonstrate they meet these criteria.
    • EB-3 (Employment-Based Third Preference): This category is for skilled workers, professionals, and other workers. R-1 visa holders may qualify if their job offer meets the necessary requirements.
  4. Labor Certification:
    • Depending on the Green Card category, the employer may need to obtain a labor certification (PERM) from the U.S. Department of Labor, demonstrating that there are no qualified U.S. workers available for the position.
  5. Filing Form I-140:
    • Once the labor certification is approved (if required), the employer must file Form I-140 to classify the R-1 visa holder as eligible for the Green Card.
  6. Filing Form I-485:
    • After the I-140 petition is approved and a visa number is available, the R-1 holder can file Form I-485 to adjust their status to a permanent resident. This form can be filed concurrently with the I-140 if a visa number is immediately available.
  7. Application Review and Interview:
    • USCIS will review the application and may schedule an interview. The applicant must attend the interview and provide any requested documentation.
  8. Approval and Green Card Issuance:
    • If the application is approved, the applicant will receive their Green Card, allowing them to reside permanently in the U.S.
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Important Considerations

  • Maintaining Status: It’s crucial for R-1 visa holders to maintain their visa status while their Green Card application is in process.
  • Timing and Processing: The process can take time, so applicants should plan accordingly. Processing times for labor certification, I-140, and I-485 can vary.
  • Legal Assistance: Consulting with an immigration attorney can help navigate the complexities of the process and ensure all requirements are met.
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R-1 visa holders can indeed pursue a Green Card, providing them with the opportunity to obtain permanent residency in the United States. By following the appropriate steps and ensuring compliance with all regulations, R-1 visa holders can successfully transition to permanent status.

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