Permanent residence on H2b

UPDATED: Sep 30, 2022

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Permanent residence on H2b

I have worked in the US for 4 years
now, first on a J1 Visa and then 3
years on a H2b. I would like to know
what are the requirements regarding
applying for permanent residence or a
green card while on a H2b.

Asked on November 10, 2016 under Immigration Law, Florida


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have to have a petitioner in order to apply for permanent residence.  That petitioner must either be an employer or a qualifying family relation.  YOu cannot just file for permanent residence on your own.  Also, if your J-1 had a 2 year conditional residency attached to it, even if you have a petitioner, unless you satisfy the conditions of the 2 year home residence or obtain a waiver thereof, you will not be able to apply for permanent residence.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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