In some cases, an H-1B visa can lead to a green card, but it’s not an automatic process. The H-1B is a temporary work visa, and permanent residence requires a separate application process. Many nonimmigrant visa categories require applicants to maintain an intention to leave the United States, but H-1B status permits dual intent. That means you can hold H-1B status while pursuing permanent residence. Our H-1B visa lawyer in Norcross is prepared to assist with your case today.
What Is the Typical H-1B-to-Green-Card Process?
For most H-1B workers, the process looks something like the following:
- Employer sponsorship: Your employer agrees to sponsor you for a permanent position.
- PERM labor certification: In many cases, the employer must complete a required recruitment process and obtain certification from the Department of Labor that there are not sufficient able, willing, qualified, and available U.S. workers for the position and that hiring the foreign worker will not adversely affect similarly employed U.S. workers.
- Form I-140 immigrant petition: Once PERM is approved, the employer files this petition with USCIS to classify you in an employment-based category.
- Waiting for a visa number: Green cards are limited by category and by country, so you may wait until an immigrant visa number becomes available under the Visa Bulletin.
- Form I-485 or consular processing: When your number is current, you either apply to adjust status from inside the U.S. or complete the process at a consulate abroad.
Not every category requires PERM. Certain workers, including some with extraordinary ability or those whose work serves the national interest, can skip the labor certification step.
How Long Does It Take to Go From an H-1B to a Green Card?
There is no standard timeline for this process. The factors that affect timeline generally include how quickly the Department of Labor and USCIS are processing cases, which employment-based preference category you fall into, your country of chargeability, and where the Visa Bulletin stands when your petition is approved. Some workers complete the process in a couple of years. Others, particularly those born in countries with heavy demand like India or China, can wait far longer because visa numbers in their category are backlogged.
Can You Stay in the U.S. While Waiting for a Green Card?
Often, yes, as long as you keep a valid status or another form of authorization to remain. Although H-1B status is generally limited to six years, some workers pursuing employment-based permanent residence can qualify for extensions beyond that limit. Certain cases allow one-year extensions when a qualifying PERM application or I-140 petition was filed far enough in advance, while workers with an approved I-140 may qualify for extensions of up to three years when an immigrant visa is not available. Eligibility depends on the timing and status of the green-card case.
Do You Need an Immigration Lawyer to Go From H-1B to a Green Card?
You’re not required to have a lawyer, but the process is confusing enough and important enough that it’s typically worth speaking to one. An immigration attorney can evaluate which employment-based category may fit your situation, coordinate the timing of PERM, the I-140, and adjustment of status, and help your employer comply with Department of Labor recruitment and documentation requirements. There is a lot of paperwork and a lot of rules, so it’s usually best to get help.
If you’re working in Georgia on an H-1B and thinking about permanent residence, our team is always here to help. Reach out today to schedule your case consultation.