Can You Get an Employment-Based Visa If You’re Already in the U.S.?

employment visa statusEmployment-based visas allow you to stay in the United States for specific amounts of time — sometimes permanently — based on the sponsorship of your employer and your continued status as a full-time employee.

Many immigrants receive their job offers or transfers before they come to the U.S., making their visa applications more streamlined. However, others are already in the U.S. and may be considering employment visas as a way to stay or return after a short period back in their native countries.

Finding a Job

The most important factor in qualifying for employment visa status is that you have a job offer in hand so you have an employee sponsor. While you’re considering staying in the U.S., start looking for work. Earning a degree will give you an advantage.

Start the process by meeting with a Challa Law immigration attorney, but make finding a full-time job your number one priority, especially if you’re on a deadline and your student or other temporary visa is about to expire.

Why You’re Here

Why you’re in the U.S. will make a difference in your application process. If you’re here on a student visa that’s about to expire, you may have an advantage because your school can help you find a job after you graduate and you can more easily transition to an employment visa if you secure a position and sponsorship.

If you’re just visiting, you probably won’t have enough time and can apply from outside the country. If you’re about to turn 21 or get married after living with an employed immigrant parent, there may be some leeway to work with.

Changing Jobs

After going through a long process to be approved for an employment visa, you may be hesitant to ever quit your job, even if you’re unhappy. However, if you secure another job offer and meet with an attorney, the transition can go smoothly.

Talk to a Challa Law representative as soon as possible if you’re considering applying for an employment visa and wonder if your current status in the U.S. complicates matters or makes it more expedient. We’ll do everything we can to counsel you and give you the best advantages for getting the visa you need to achieve your dreams.