To thousands of professionals who wish to build a career in the United States, the H1B visa is the first step towards realizing their dreams. Even though the H1B visa is only a temporary employment visa, it often leads to the individual securing a Green Card and becoming a lawful permanent resident of the United States.
The route from an H1B visa to a Green Card is a process consisting of multiple steps. However, even though this procedure might appear complicated at first glance, it is not very difficult once you understand how it works.
In this comprehensive guide, you will find the complete process of turning h1b visa to green card.
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Apply for a Green Card →H1B Visa to Green Card: Can You Convert?
Yes. One of the main benefits of the H1B visa is the fact that it provides the opportunity of dual intent; therefore, you will be able to work on a temporary basis within the US and at the same time seek permanent residency.
Unlike other visas, your H1B visa status will remain the same even when you apply for a green card. It should be noted that many employers actually hire foreign workers intending to sponsor them for permanent residency after realizing how valuable they are.
In most cases, it is impossible to self-petition for a Green Card; your employer should sponsor your application.
Eligibility for Turning H1B to Green Card
In order to switch from an H1B visa to a Green Card, it is essential to fulfill the following criteria:
- You must have possession of H1B status that is still valid.
- You have an employer who is ready to sponsor your application for permanent residency.
- You have relevant education and work experience qualifications for the given job position.
- You have a permanent and full-time job offer.
- You are eligible for any one of the employment-based Green Card categories.
Benefits of Obtaining a Green Card
There are several advantages that a foreign national can exercise only as a green card holder. These include:
- Changing employers in the country if you are eligible.
- You can live rather permanently, or as long as the green card is valid, in the US.
- You can travel internationally and re-enter the country without any inhibitions.
- You become eligible to sponsor certain members for your family for legal permanent residency in the US.
- After residency period, you can be eligible to Apply for US Citizenship.
Employment Based Green Card Categories
H1B visa holders are grouped into the following categories:
Category EB-1: Priority Workers
Priority workers include people with extraordinary abilities, outstanding professors and researchers, and multinational managers/executives.
Advantages of EB-1 are as follows:
- Quick processing
- PERM not needed in most cases
- Less time needed by most applicants
Category EB-2: Advanced Degree Professionals
Category EB-2 is ideal for:
- Individuals holding an advanced degree (Master’s or higher), or
- Individuals having exceptional abilities in their professions.
- Software engineers, medical professionals, researchers, scientists, and business professionals also fit in this category.
- An individual may qualify for a National Interest Waiver (NIW), hence can self-petition.
Category EB-3: Skilled Workers and Professionals
EB-3 includes:
- Individuals having a bachelor’s degree,
- Skilled workers with two or more years of experience in their job.
- And some other qualified individuals.
H1B Visa to Green Card: How to Apply
To obtain a green through H1B visa, you should follow the steps given below:
Step 1: PERM Labor Certification
In the first step, you need to acquire PERM Labor Certification from the U.S. Department of Labor (DOL).
This is meant to prove that:
- There are no qualified American workers available for the job.
- Employing an alien will not adversely affect the wages or working conditions of Americans.
- In this step, the employer needs to set the prevailing wage.
- Conduct the mandatory recruitment process.
- Interview qualified candidates.
- Apply for PERM.
Step 2: I-140 Petition for an Immigrant
Following the approval of the PERM application, the I-140, Petition for Alien Worker, is filed by the employer to USCIS.
The filing of I-140 petition proves that:
- The candidate meets the requirements of the offered position.
- The salary offered is paid by the employer.
- It is a permanent employment position.
Many I-140 petitions qualify for the Premium Processing Service.
Step 3: Priority Date
Once the I-140 petition is filed, one has to wait until their priority date is current.
One’s priority date is typically:
- PERM filing date, or
- I-140 filing date in case PERM filing is not required.
Step 4: Apply for the Green Card
Once the priority date becomes current, one can apply for permanent residence.
Adjustment of status (I-485 form)
In case the applicant is lawfully staying in the United States, one can submit an I-485 form with USCIS. Thus, you can stay in the United States while your green card application is being processed.
Often, many applications include:
Employment Authorization Document (EAD)
Travel authorization (Advance Parole)
Consular Processing
If you are outside the United States at the time of application, then the process will follow through Consular Processing.
Practical Tips
Follow the considerations given below to have a convenient time during the application process:
- Apply for Green Card as soon as the necessity arises. Applying late can lead to unnecessary delays and work lapse.
- Maintain your H1B process until your green card approval comes through.
- Provide all the required documents. Missing documentation can lead to delays or even refusal.
- Keep a track of the application status. Additionally, keep all the receipts and notices.
How Documitra Can Help
The United States stands tall at the center of the world market and economy. That is why workers from around the world wish to work at the center that runs the economy. However, turning H1B to Green Card is not as easy. Moreover, with latest political developments and policy changes, it has become rather harder than it was ever before to obtain a green card through employment.
That is why it is important that you apply correctly and get it right on the first attempt. And who can do it better than professionals like Documitra with years of experience in documentation and immigration services. We will help you with eligibility, documentation, application review and overall process, minimising the risk of delays.
FAQs
There is no application window as to when to apply for a green card after obtaining an H1B visa. You can even apply right away if you meet the eligibility criteria and possess the required documents.
Yes, it is mandated that your employer obtains a PERM labor certification from the Department of Labor. Thereupon they can sponsor you for a green card.
Yes, you can sponsor certain family members after obtaining a green card. The categories you are eligible to sponsor are called family preference categories and you must know what priority they hold with the USCIS before applying.
