Certain nonimmigrant visa statuses in the United States may be eligible to adjust their status to a green card (permanent resident status) through the filing of Form I-485. The eligibility for adjustment of status depends on various factors, including the specific visa category and individual circumstances. Here are some common nonimmigrant visa statuses that may be eligible for adjustment of status:
Employment-Based Visas: Nonimmigrant visa holders in employment-based categories such as H-1B (specialty occupation workers), L-1 (intracompany transferees), O-1 (individuals with extraordinary ability), and E-1/E-2 (treaty traders/investors) may be eligible to adjust their status through the EB-3 Unskilled visa program.
Student Visas: F-1 (academic students) and J-1 (exchange visitors) visa holders who meet certain criteria, such as having a job offer from a sponsoring employer and fulfilling the requirements of the EB-3 Unskilled visa program, may be able to adjust their status.
Treaty Trader/Investor Visas: E-1 (treaty traders) and E-2 (treaty investors) visa holders who meet the eligibility requirements of the EB-3 Unskilled visa program and have a qualifying job offer may be eligible to adjust their status.
Other Nonimmigrant Visa Categories: In certain circumstances, individuals holding other nonimmigrant visa statuses, such as TN (NAFTA professionals), O-2 (support personnel for individuals with extraordinary ability), or P (athletes, artists, entertainers) visas, may be eligible for adjustment of status if they meet the requirements of the EB-3 Unskilled visa program.
Spouses of nonimmigrant visa holders, for example individuals with F2 (spouse of F1 visa holder) or H4 (spouse of H1B visa holder) visas, have the opportunity to apply as the principal applicants for adjustment of status, enabling them to pursue a green card and transition from their dependent visa status to permanent residency in the United States.
In general, individuals holding B1/B2 visitor visas are not eligible to adjust their status within the United States. B1/B2 visas are nonimmigrant visas intended for temporary visits, such as tourism or business purposes. However, there may be exceptions or specific circumstances where a B1/B2 visa holder becomes eligible for adjustment of status.
It's important to note that eligibility for adjustment of status depends on various factors, and each case is evaluated on an individual basis. Consulting with a reputable company like BDV Solutions can provide personalized guidance and help determine eligibility for adjustment of status based on the specific nonimmigrant visa status and circumstances.