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Pinyaluck Wilke
Nov 7, 2021
Can a work permit (EAD) holder apply for a Green Card?
just a quick question. Long story short, a friend of mine has been working legally in the US for about 15 years under his EAD. Everything he has been doing is legal. He’s not married. Is there a way for a case like this to apply for a Green Card?
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sarah fordNov 7, 2021
I don’t think so, you can have ead renew a thousand time but that one can not help anything to do with green card. I have a friend too who has been working for like 21years while renewing his work permit but no way if using it to get green card green card is a process on its own. And ead is a different process
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sarah fordNov 7, 2021
not unless she or he is venturing on nursing that one she or he ca apply for green card
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Blake XNov 7, 2021
I am assuming your friend wants to apply for an EB green card? If so he needs to figure out whether his employer is willing to sponsor him or whether he can sponsor himself (for eb1a and eb2-niw).
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R RNov 7, 2021
I think since your friend is here over 10 yrs. He is eligible for applying for GC. The EAD is also known as a nonimmigrant US work permit, and it permits individuals on a nonimmigrant visa to work legally in the US. ... Individuals in the process of applying for a green card are also eligible; this is called the green card based EAD, or GC EAD.
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K CNov 7, 2021
as far as I know Green card is all about sponsors. whether your friend can sponsor themselves, get someone from work or family to sponsor for them, determines if they can apply or not
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Katerina dzNov 7, 2021
what visa type is he using now ?
Lilo PelekaiNov 7, 2021
the answer to this question is that it depends on the category of that EAD, as the rules are different for each category. but in a broad way, the answer would be NO.
Lilo PelekaiNov 7, 2021
@R R, not necessarily. the friend might have been legal for 10 years, but it doesn't mean he automatically is eligible for the GC. it depends on what visa status he's been here for under. the GC is permanent residency. he obviously is on a non-immigrant visa. it all depends on the current documentation that he's had these 10 years. we would all qualify for the GC otherwise. 🙂
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R RNov 7, 2021
@ Lilo Pelekal. You may be right. I have known many friends of mine, who came here on H1 Visa and then they applied for GC.
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Hopeful GirlNov 7, 2021
Nope, not in this country. He would have to see if his employer can sponsor him. That is the only way, other than by marriage.
Lilo PelekaiNov 7, 2021
@R R, yes, H1B is a path to GC. most temporary visas don't offer a path to GC, but H1 does. but that has a cap of 6 years, and the holders are encouraged to apply for the GC before their H1B Visa expires. in this scenario, the friend has been here 10 years. they need to get with an immigration lawyer to check their options for the GC, honestly.
Lilo PelekaiNov 7, 2021
@Hopeful Girl, that's not the only path to GC beside marriage. if the friend is a deep pocket investor, that's another path that would qualify him for GC. that'd be the EB-5 investor visa program. he could also apply for asylum. though, USCIS changed the rules in asylum applications, and they've been in effect since August 2020. they now inforce the 1-year arrival rule, and have reduced the exceptions. only an immigration lawyer would help in that option.
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Pinyaluck WilkeNov 9, 2021
Wow, thank you. guys for answering. I really appreciate it. ❤️
Lilo PelekaiNov 9, 2021
you're very welcome, @Pinyuck Wilke. 🙂

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