In employment-based immigration, there tends to be a misconception that a beneficiary/employee must have a specific visa in order to have an immigrant visa petition filed on their behalf. This is not necessarily the case.
It is definitely important to note that there are different applicable rules and regulations for different visa types that must be taken into consideration when applying for an immigrant visa and subsequent green card. Some non-immigrant visas, for example, do not allow for immigrant intent such as TN, B1/B2, E1, and E2 visas as well as others. Other non-immigrant visas, however, do not have this restriction such as L1 and H1B visas.
That said, however, there is no requirement that an employee hold a specific visa, or even be present in the United States, in order for an immigrant visa petition to be filed on their behalf.
There are many important considerations in every immigration case, whether employment-based or family-based. These considerations include details such as the position offered, the employee’s particular migration situation, the employer’s situation and need, the backlog (if any) in the visa bulletin for the beneficiary/employee’s country of origin, and many others.
As such, it is extremely important to speak with an attorney to determine what restrictions on travel and work, other restrictions that may exist regarding your individual process, disclosures that must be made to government agencies and officers, your current non-immigrant visa type (if any), and alternatives.
If you would like to initiate an immigrant visa petition on behalf of an employee or prospective employee or would like to speak with your employer regarding the possibility of having an immigrant visa petition initiated on your behalf, please do not hesitate to contact our office for a consultation so that we may discuss all of the details and assess your particular situation in order to provide you with the information and options you will need to successfully achieve your goal.