H1B Visa to Green Card is a process that allows someone who has been working in the United States for several years to seek permanent residence. The H1B visa is a popular work visa that permits workers in a desirable occupation, with extensive experience, education, and training to work in the U.S. for 6 years. A Green Card is a document that permits one to live permanently and work in the U.S., with a path to eventually become a citizen if desired.
The main methods to change your status from H1B to Green Card are through investment visa, marriage to a US citizen, employer sponsorship, and family sponsorship.
Can a person go from an H1B to a Green Card?
Yes, a person can go from an H1B visa to a green card. Unlike other temporary, non-immigrant visas, the H1B is a dual-intent visa, which implies that those who have it are permitted to apply for a green card and get permanent residency.
What is the H1B to Green Card application process?
The H1B to Green Card application process involves several steps.
- Locate a qualified U.S. employer
The applicant must have a work offer from an eligible employer for a position that qualifies them for an employment-based green card. They must meet specific standards before sponsoring the green card application. The job itself must meet green card adjustment requirements.
- Have the employer submit a PERM Labor Certification
In order to receive a Program Electronic Review Management (PERM) Labor Certification, the company must carry out the prevailing wage calculation and pay the wage. They must conduct a thorough search for the position to guarantee no Americans are available. They will fill out the ETA 9089 form (PERM application).
- Complete and submit Form I-140
The employer must file an I-140 Immigration Petition for Alien Worker when the PERM is approved. Approval notice will be sent once the petition is approved.
- Wait for the Priority Date to change
The day on which the USCIS receives the petition becomes the priority date. The priority date must become current before proceeding to the next stage.
- Complete and submit Form I-485 Adjustment of status
The applicant files for an adjustment of status by submitting the I-485 form to the USCIS once there is a current priority date. They will obtain a green card if it is accepted.
What options are available to go from H1B to Green Card?
The options available to go from H1B to Green Card are, most commonly, either through employment or if you have a family member, including a spouse, living in the United States.
Can a person go from H1B to Green Card through EB-5 Investor Visa?
Yes, an H-1B worker can get a Green Card by investing in an EB-5 Visa. H-1B Visa holders are able to become permanent residents without the need for employer sponsorship through the EB5 Visa USA. The main requirements that you need to meet to get an EB 5 Visa from H-1B are minimum capital investment and job creation. With an EB 5 Investor Visa, you and your family become Conditional Permanent Residents for 2 years. Conditional Permanent Residency allows you, your spouse, and minor unmarried children to work, study, and live anywhere in the United States without restrictions. Within the 2-year Conditional Residency period, you need to fulfill the minimum requirements of the EB-5 Immigrant Investor Visa to become Lawful Permanent Residents (LPRs).
What employment-based options are there to go from H1B to Green Card?
Employment-based options to go from H1B to Green Card are as follows.
- EB-1 visa – Multinational executives/managers, as well as individuals who excel in sports, art, science, education, or business, are eligible.
- EB-2 visa – Master’s degree holders who studied medicine, science, or education.
Other work immigrants are covered by the other three categories.
- EB-3 visa – Skilled employees with at least two years of experience in their profession or individuals with master’s degrees who do not qualify for the EB-2.
- EB-4 visa – Religious workers and U.S. Foreign Service employees.
- EB-5 visa – permanent U.S. residency through investment.
What does an employer need to do on behalf of an employee seeking to transition from H1B to a Green Card?
An employer needs to take the following 8 steps on behalf of an employee seeking to transition from H1B to a Green Card. This ensures that the Employer is complying with Department of Labor requirements.
- Check the job description to ensure it qualifies as a specialty occupation. Employers must guarantee that their applicants meet certain criteria when recruiting for such a position, such as a bachelor’s or higher degree in the relevant specialist occupation, or certifications, training, or other experience that allows them to fully practice and engage in the specialty occupation in the state where they wish to work.
- Calculate the salary for the position. The required wage for H-1B workers is higher of the prevailing wage or the employer’s real wage (in-house wage) for similarly employed personnel. This wage rate must be submitted to the US Department of Labor on the labor condition application (LCA).
- Inform the American workforce. A notification about the position must be given to U.S. workers, at the work site itself or to the collective bargaining representative of the occupation 30 days before the employer submits the LCA with the DOL. Individual e-mail messages, a 10-day posting on an acceptable electronic bulletin board, or other appropriate techniques are used to deliver this notice.
- Submit a Labor Condition Application (LCA/Form 9035/9035E) for certification to the Department of Labor. The employer must apply for and acquire LCA certification from the Department of Labor no later than six months before the projected start date. Included in this application are certain, they agree to give the visa holder a certain wage; the working conditions are good; the workplace isn’t experiencing a strike or walkout; and notice has been given.
- Register for the H-1B lottery with the USCIS. The USCIS organizes an annual lottery for firms wanting to sponsor an H-1B visa on behalf of the worker who would be the visa holder due to the limited number of H-1B visas awarded each year. Employers who want to be entered into the lottery must first complete an electronic registration form by a certain date. The USCIS will tell registrants if they were randomly selected in the lottery to meet the visa cap by March 31 of each year. Only lottery winners are eligible to file an I-129 petition.
- Wait for the lottery results. When the yearly registration period ends, the USCIS will fill the 65,000 visa limit. The USCIS will deliver “selected” status adjustments online on or before March 31, and a Notice of Selection will be mailed to the registrant via the method chosen at registration.
- For selected beneficiaries, submit a completed Form I-129 to the USCIS. Registrants with specified beneficiaries have a 90-day timeframe to file a completed H-1B petition. Following certification of the LCA, the employer must file Form I-129, Petition for a Nonimmigrant Worker, with the USCIS Service Center listed on the Notice of Selection.
- Teach prospective workers from other countries how to apply for a visa or admission to the United States. The employer will receive a Notice of Action, Form I-797, declaring the petition approved upon approval of the Form I-129 petition. A copy of Form I-797 is used to apply for an H-1B visa with the US Department of State (DOS) at a US embassy or consulate abroad f the prospective H-1B worker is outside the United States. The prospective H-1B worker must next apply to US Customs and Border Protection (CBP) for H-1B classified entrance to the US.
What forms are required when transitioning from an H1B to a Green Card?
The following forms are required when transitioning from H1B to Green Card.
- Form I-140 – Immigration Petition for Alien Worker. The employer must file this once their PERM has been approved. The form documents the ability to pay the salary and establishes the employer’s financial stability. When the USCIS receives the petition, that date becomes the priority date. The USCIS will issue an approval notice if the petition is approved, allowing the employee to move forward to the next step. However, it does not mean that the employee’s status has changed from nonimmigrant to immigrant.
- Form I-485 – Application to Register Permanent Residence or Adjust Status. Once the priority date becomes current, the employee applies for an adjustment of status by submitting Form I-485. A green card will be issued once approved.
How long does it take to transition from an H1B to a green card?
Transitioning from an H1B to a green card might take anywhere from six months to two years. The PERM Certificate might take anywhere from 6 to 18 months to get. The approval of your I-140 is contingent on your priority date and country of origin. Check processing times on the USCIS website.
How much does it cost to go from an H1B to a Green Card?
To go from an H1B visa to a green card, on average costs up to $10,000. The employee bears $2000 or more of the financial burden, depending on the situation. The fees are paid in part by the visa holder and the employer. Permanent Labor Certification (PERM) costs between $2000 and $5000, which the employer is responsible for. The employer or the employee is responsible for $580 for the I-140 form, and $1,070 for the I-485 form.
When should the H1B to Green Card process begin?
The H1B to Green Card process should begin as soon as the visa holder has a company willing to sponsor them. The green card process is very competitive, with tens of thousands of applications filed each year. The process takes many months, and the likelihood of delays with a backlog or an audit should be planned for.
What happens if the H1B status expires before the H1B to green card process is completed?
Any request to adjust status by filing an I-485 will be declined if the H1B status expires before the H1B to green card process is completed. The reason for the rejection is that there will be no status to adjust since the H1B has expired. The applicant will then have a 10-day grace period to make plans to return to their home country or to discover a means to extend their status beyond the typical maximum.
Is it possible to extend the visa when going from H1B to Green Card?
Yes, it is possible to extend the visa when going from H1B to a green card for up to three years if the applicant has an authorized I-140 petition for the EB-1, EB-2, or EB-3 employment-based green card classifications and the immigrant visa number is unavailable.
What is the priority date when moving from H1B to Green Card status?
The priority date when moving from H1B to green card status is the day the I-130 petition was received by the USCIS. The priority date is found on the I-797 document that USCIS mailed after your I-130 petition was approved.
What are the reasons for H1B to Green Card denial?
The following are the reasons for denying an H1B to green card petition.
- Not qualified for a green card
- The underlying petition was refused by USCIS
- Processing errors were made by USCIS and the consulate
- Failure to show up for required application appointments
- Insufficient financial resources
- Broke the law or were deported from the United States
What to know about H1B Visa besides Green Card?
H1B Visa is extensively used to fill the skilled workers’ shortage in US companies. The H1B Visa Guide can help you learn more about how H1B visa helps US gain workers that are skilled and competitive.
What to know about H1B Visa besides F1 Visa?
Our F1 to H1B Visa Guide can help you learn more about it.
Can an H1B Visa Attorney Help With an H-1B to Green Card Application?
Yes, an H1B Visa Attorney (Lawyer) is an expert in all processes related to the H-1B Work Visa, including applying for a Green Card. Getting help from an H-1B Attorney with a proven track record of successful cases increases your chances of qualifying for Permanent Residency in the USA. Your H1B Visa Attorney will be able to advise you as to the best path to take to change your H-1B Visa to Green Card considering your circumstances and immigration objectives.