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:
Visa Sponsorship & Remote Jobs Free Training.
Pathway from R-1 Visa to Green Card
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Happy Face Academy Soft Tech Free Training.
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.
Happy Face Academy Premium Subscribers
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.