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.

I hope this new article offers some lights on the previous article. If you want to know more, please call us at 510 7425887
No comments:
Post a Comment