From US Work Permits to US Permanent Residence

Can you go from a US Work Permit to US Permanent Residence?

We get many inquiries about whether it is possible to transfer from a US Work Permit to a US Green Card or US Permanent Residence. In some cases, a US Work Visa to Green Card transfer is indeed possible. This all depends on the nature of the US Work Visa in question.

How to transfer from a US Work Permit to US Permanent Residence

For instance, if you are working in the US on an H-1B Visa or L1 Visa, you may be eligble to apply for a US Permanent Residence though what is known as the Adjustment of Status (AOS) Process.  The AOS process is complicated as it involves the completion of many immigration application forms and the collection of supporting documents. Also your US employer has to be willing to Petition for you for the Green Card.

Not all US Work Permits can act as a “spring board” to US Permanent Residence. TN Visas and E2 Visas for example do not allow for a direct transfer to Green cards through the AOS process. In many cases, individuals wishing to apply for US Permanent Residence who are on TN Visas or E2 Visas, consider applying for H1B Visas so they can “adjust their status” for US Permanent Residence.

It is therefore important to consider what your long terms plans are for the US when considering what type of US Work Permit you want to apply for. If you have questions about transferring from a US Work Permit to US Permanent Residence, contact a licensed immigration lawyer.

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: e-2 permanent residency e-2 to permanent residency e-2 visa laid off e2 permanent residency in usa US Permanent Residency US Work Visa working in US illegally L-1

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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