Can Asylum help you obtain residency through EB-2 NIW / Labor Certification?

Many people are interested in submitting employment visa cases under the EB-1, EB-2, and EB-3 categories. However, in many cases, the law requires that anyone applying for any of these visas has not accrued more than 180 days of unlawful presence in the United States.

How does asylum help in these cases?

When a person submits an asylum case, this stops or freezes the unlawful presence time they are accruing in the country.

If you have not reached 180 days and fear returning to your home country, considering submitting an asylum case can prevent you from accruing unlawful presence, so you could likely be eligible for an employment visa.

In the case of visas that are current, such as the EB-1 and EB-2, this allows many applicants to even apply for permanent residency from within the United States.

It is very important that you are well advised about these visas and how you can work with an asylum case to benefit an employment visa.

If you have questions about any of these visas or about any immigration process, please contact us.