Can My Employer Sponsor Me for a Green Card While I'm on a Temporary Visa?
Absolutely! Your employer can help you pursue a green card while you’re on a temporary visa. Many people on H-1B, L-1, O-1, and other non-immigrant visas have successfully achieved permanent residency with employer sponsorship. This journey involves meeting eligibility requirements and completing key steps with the Department of Labor and U.S. Citizenship and Immigration Services (USCIS).
At Nunez Law Firm, we’re committed to guiding temporary visa holders through the employment-based green card process—from the very first filing to final approval.
Valid Nonimmigrant Status
Keeping your immigration status valid throughout the green card process is important—it helps protect your ability to remain in the U.S. while your petition is under review. Remember to follow your visa requirements so your path remains as smooth as possible.
Any gaps in your status or unauthorized work can put your application at risk, so aim to remain compliant. Some visas, like the H-1B, allow dual intent; others may require a little extra planning. We’ll help you think ahead and avoid pitfalls.
Admissibility
You’ll need to show that you’re admissible to the U.S. in order to receive your green card. Sometimes issues such as criminal records, health conditions, or past visa overstays can pose challenges, but in some cases, they can be addressed. Our New York immigration attorneys are here to listen and review your history with care, so you and your employer can move forward with confidence.
Employer Requirements
Your employer plays a big role when sponsoring you for a green card. They’ll need to show that they have a real need for your talents and are willing to support you throughout this process:
Real Job: The job must be a true, full-time, and permanent position, not made up just to help you get a green card.
Test the Job Market: In most cases, the employer must show that there are no U.S. workers ready and willing to do your job for the usual pay.
Ability to Pay: The company must show it can pay your promised wage from when they apply until your green card is approved.
The PERM Labor Certification Process (DOL)
Most EB-2 and EB-3 green card applications start with labor certification through the Department of Labor before involving USCIS. The PERM process takes a few steps, and we’re here to walk you through each one:
Determine Minimum Wage: The Department of Labor sets the lowest pay your boss must offer for your job and location.
Hire Locally First: Your employer tries to hire U.S. workers first by following the required steps to find a qualified candidate for your job.
Send Application: If no U.S. workers are found, your employer sends Form 9089 to the Department of Labor to get approval.
Employee Qualification Factors
To qualify for an employment-based green card, you’ll need to meet the minimum requirements for the position your employer is sponsoring you for. Under 8 U.S.C. § 1153, different categories have their own criteria, but we’ll help you understand what’s needed and if you’re eligible:
Education: You must have a degree or similar work experience listed in the job requirements.
Experience: You must show that you have the skills needed to do the main parts of the job.
Licenses: Any required professional licenses or certificates must be up to date and appropriate for the job.
Contact an Experienced New York Immigration Attorney
Changing from a temporary visa holder to a permanent resident is a major step that requires thoughtful planning and careful paperwork. We’d love to help you make this transition as smooth as possible. Call Nunez Law Firm at 917-708-1072 to schedule your consultation with an experienced New York immigration lawyer. We’ll be by your side every step of the way.