H-1B visa holders may qualify for extensions beyond the standard six-year limit if their employer files a PERM labor certification before the end of the employee’s fifth year in H-1B status. This critical timing provision allows eligible employees to remain in the U.S. longer while their green card applications are processed.
Key Details:
- Filing Deadline: PERM labor certification must be filed before the end of the fifth year of H-1B status.
- Process Duration: The Department of Labor’s prevailing wage determination can take nearly a year, followed by a mandatory recruitment period.
- Consequences of Late Filing: If the PERM process is initiated after the fifth year, extensions beyond six years may not be possible, even if all parties agree to proceed with the green card case.
- Importance of Timing: The filing date of the labor certification is the key determinant for eligibility for H-1B extensions.
This information is crucial for H-1B visa holders and their employers to ensure compliance and avoid potential issues with visa status. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Andre Matias, OLY