Few days ago we wrote an article on "Can an H4 Visa holder file for a Green Card through Labor Certification or other means?". Following the article we received many calls on how is this possible? Most people thought you have to be on H1B or L, or some other sorts of visas to be able to file for the green card. The previous article in no way means that H4 are getting an automatic greencard. In order for them to proceed, they still have to go through the process of labor certification like a H1B petitioner. This entails applying with the DOL (PERM), then the form I-140 (USCIS) and ultimately the adjustment of status (USCIS). The categories (EB1, EB2, EB3, or skilled labor) are determined by the qualification of the H4 candidate and the job offered. Therefore, an H4 visa holder needs to have a job offer to file for the PERM labor for permanent residence. In case the H4 visa holder qualifies for a National Interest Waiver or EB1(a), then no employer is required.
The article was an incentive to tell H4 visa holders that they do not have to move to an H1B or an L1 in order to file for a labor certification, NIW, or EB1. The point was that the H4 visa is a dual intent visa even before the EAD rule was proposed or issued. The other reason we wrote the article was that now that an H4 visa holder will obtain a job, an employer who is happy with the H4 holder services might actually be willing to file for a green card. In addition, since they might be paying the prevailing wage, there will no be an issue on ability to pay at the I-140 level.
I hope this new article offers some lights on the previous article. If you want to know more, please call us at 510 7425887
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