From an H-1B Visa to a Green Card 
  
5 Reasons for H-1B Holders to Apply Now for Permanent Residence     

Greetings!

 

After years of hard work, you have become specialized in your field of expertise.  You obtained a university degree and/or have many years of work experience.  The U.S. government recognized your qualifications and ability to contribute to the U.S. economy when it granted you H-1B status to work for a U.S. employer.

 

Now what?        

 

If you hold H-1B status, or are an employer who employs H-1B workers, it is important to consider applying for a green card.  Below are 5 reasons to apply for a green card if you are in H-1B status.   

 

1. You Already Have a Sponsor  

      

For some, the biggest obstacle to applying for an employment-based immigration benefit is the lack of an employer to sponsor the application.  If an employer is already the sponsor on an H-1B visa, it may very well be open to sponsoring a green card application.    
 
2. The Ability to Extend H-1B Status Beyond the 6 Year Maximum
  
The general rule is that an H-1B worker may only hold H-1B status for a maximum of 6 years.  However, if the green card process is initiated at least 365 days before the expiration of the 6 years in H-1B status, then the H-1B can be extended until US Citizenship and Immigration Services ("USCIS") makes a decision on the green card application.  This is especially helpful because, due to the limited availability of green cards, the green card application process can sometimes take a few years from start to finish.  
  
3. Travel Made Easier
  
For H-1B visas, the law recognizes the doctrine of "dual intent."  Essentially, this means that even though the H-1B is a temporary visa requiring the intent to work and remain temporarily in the U.S., an H-1B visa holder may still pursue an application for permanent residence. 

Therefore, somebody in H-1B status with a pending green card application may present his or her H-1B stamp to the immigration inspector at the airport without fearing he or she will be refused entry to the U.S. 
  
4. The Employer is Already Paying the H-1B Worker 
  
When applying for an employment-based green card, the employer must show it has the "ability to pay" the offered wage to the H-1B worker.  Oftentimes, the wage the employer must pay once the worker obtains the green card is the same, or similar to, the wage the employer is already paying the H-1B worker.  One way for an employer to show "ability to pay" is by presenting pay stubs and W-2 forms to prove it is already paying the H-1B worker the offered wage. 
  
5. The Green Card Comes with Many Benefits
  
For an employer, sponsoring a green card is a nice gesture and demonstration of commitment to an employee, and it is likely to increase an employee's loyalty to the company. 

For the H-1B worker, a green card comes with many personal benefits, such as the right to apply for financial aid for education, the ability to pay "in-state" or "resident" tuition, social security benefits, more flexibility to travel, and starting the path to U.S. citizenship.

Finally, once the H-1B worker has a green card, the employer and employee can both save money on Advil, as they will eliminate any headaches associated with extending or maintaining H-1B status!   
 
   

 

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Learn about the process of applying for an employment-based green card

 

Contact Jacob L. Ratzan, P.A. with questions regarding employment-based green card applications, and for any other immigration matters.

 

 

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Jacob L. Ratzan, P.A.
1450 Brickell Ave, Suite 2600  
Miami, FL 33131 
Tel: (786) 406-1744 
Fax: (786) 406-1745