I am under an H1-B Visa. Am I eligible for a green card through my current employment?

Asked over 3 years ago - Boston, MA

I have been under an H1-B Visa for 1.3 years now. My current employer is willing to sponsor me in order to apply for the permanent residence through my job. I am a Graphic Designer. Is this possible? How is the process and how long does it take?

Attorney answers (4)

  1. Ismail Mohammed

    Pro

    Contributor Level 13

    Answered . Some of the answers provided are on point. I would like to add, one of the things that the Dept. of Labor looks at is the ability of the employer to pay. How big is the company that you are working for. If the company is not one of the larger well known company's or a sole proprietor, it will look at the company's income statement, balance sheet, etc. to determine whether it can pay you for the remainder of your employment.

    Another issue is whether your position is considered a 1st, 2nd or 3rd employment based preference category. 2nd and 3rd categories, the emplyer must first apply to the DOL and certify that it has recruited for the position and qualified applicants were not available.

    For a free consultation, please feel free to contact me at (978) 703-0702 or email me at attymohamemd@gmail.com.

  2. Neil Ian Fleischer

    Contributor Level 20

    Answered . You are eligible to file for a green card if your employer wants. The length of time will depend on where you are home ( home country).

    Likely, you will have to go through the PERM process showing there is no willing, qualified and able US workers to do your job. This requires advertising in specific places determined by the US Department of Labor

    It is very important to hire an immigration attorney to go through this process

    OUr FIrm has alot of experience in this


    Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.


    Best regards,
    Neil I Fleischer
    The Fleischer Law Firm, LLC
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    Email: nfleischer@immigrate2usa.com
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  3. J Charles Ferrari

    Contributor Level 20

    Answered . Yes it is possible. Your employer will need conduct recruitment for the job and will need to determine that there are no qualified US workers for it.

    The process is described in the link below.

    You and your employer will need an attorney.

  4. Nancy Marcia Vizer

    Contributor Level 7

    Answered . There are several factors that will influence how long this case will take. First, right now it is difficult for employers to show that there are no qualified American workers for the position. If you have some unique characteristic that is necessary for the position, your employer will need to indicate that on the PERM application submitted to the Department of Labor, and the application will likely be audited, which takes some time.

    A second factor in the length of time it will take will depend on what country you were born in.

    A final factor will be whether the position requires just a bachelors, or whether it requires a masters degree. Positions that require a masters degree have a shorter "quota line."

    You should not proceed without a lawyer, and the above is not intended as legal advice.

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