If you have been working in the US, building towards your future, then do not let the impermanent status of your work permit stop you. Learn in this comprehensive guide how you can apply for a Green Card if you have been employed in the US under H1B visa. The transition from a work permit to a legal permanent residency depends upon your value to the company as a worker, your employer’s intent, and your employment category.
Recent Developments Regarding H1B Visa
There have been innumerable measures, orders and legislations passed in the past few years by the current government regarding immigration and immigrant workers. Some of these orders have been blocked by the courts while a few have been passed. Most importantly, regarding the H1B visa, it has been emphasized that in future only highly skilled or high-paid employees would be given visas. Additionally, the process of obtaining an H1B visa has become extremely scrutinized and difficult. The employee must demonstrate their value and fulfill job standards in order to be granted this particular work visa.
H1B Visa to Green Card
It is completely legal for you to apply for a Green Card, if you are already employed in the US with an H1B visa. However, the success of the application depends on various factors. Given below is the complete step-by-step application process:
Step 1: PERM Labor Certificate
The first and most important step in moving from an H1B visa to a Green Card is this. The Department of Labor’s most recent standards have made assessments for foreign workers in the US more stringent. To get a Permanent Labor Certification (PERM), your employer must follow the steps given below:
- The employer must collect and deduce the current prevailing wage in the market for the specific role you are employed for. The wage must align with the current market trends and employment system. This is to ensure that the foreign employee receives the wage of the market-rate.
- Then the employer has to do a rigorous job hunt. This includes posting vacancy and job advertisements in local newspapers, websites and online job portals. This is to demonstrate to the Department of Labor that there were no US employees found in the job hunt and there are no capable workers present.
- After the recruitment process, the employer can collect the required documents and file the Form ETA-9089 to the Department of Labor.
Step 2: Immigrant Petition
After the employer obtains the Permanent Labor Certification, they can file the Form I-140, which is the Immigrant Petition for Alien Worker. This form is filed to demonstrate that you are the right worker for the role at the company and that you meet all the requirements of the employment.
- Processing Time: After the form is filed by the employer, you will be given a queue number by the USCIS. The whole process from filing to approval can take six to nine months. However, the process can be expedited if you opt for Premium Processing with additional fee.
Step 3: Adjustment of Status
The final step in obtaining a Green Card as an employee in the United States is adjustment of status. You file the Form I-485 to the USCIS to legally change your status from work permit holder to Legal Permanent Resident.
- Processing Time: After you file the petition, the approval can take nine months to two years. The processing time is dependent on a lot of factors, such as your background, the workload and backlogs at the USCIS office.
H1B Visa Extension
The processing time to obtain a Green Card can vary hugely. Moreover, you cannot be certain when you will receive your Green Card. Therefore, it is wise to apply for an H1B visa extension if the expiration date is closing while you wait for your green card. An H1B visa has a typical validity of six years. However, if your employer has applied for PERM certification or Immigrant Petition, then you are eligible to apply for extension.
How Documitra Can Help You
With current advancements in policies and political scenarios in the United States regarding work and immigration, it has become increasingly difficult for foreign workers to apply for work permit extension or green cards. But there’s nothing to worry about if you know where to look for help. Documitra has helped thousands of applicants around the world successfully secure Green Cards. We have experts with required experience in filing, documentation and the entire application process, so that you can apply with confidence and without stress. So, what are you waiting for? Apply for a Green Card from usa with Documitra and build your future the way you always wanted.
FAQs
Q. As an employee in the US, do I need PERM labor certification for a Green Card?
Yes, one of the most crucial documents to obtain before applying for a Green Card as a worker is the PERM labor certification. This is the first step in obtaining a Green Card as a foreign worker.
Q. Can I file Form I-140 as an employee?
No, the Form I-140, which is the Immigrant Petition for Alien Worker has to be filed by the employer. The employer can file the form after he has successfully obtained the PERM labor certification from the Department of Labor.
Q. What is the timeline of H1B visa to Green Card?
The complete process from holding an H1B visa to obtaining a green card as a worker can take years. What is more, the processing time can be affected by a lot of factors, such as the employment requirements, workload at the USCIS, you as an employee meeting the requirements, etc.
Q. What is the process of getting PERM labor certification?
The entire process is overseen and done by the employer. First of all, the employer must collect and deduce the current prevailing wage of the role in the market. This is to ensure you get the wage according to the market rate. Then they have to advertise for the role in local newspapers and job portals to demonstrate there are no US workers competent for the role. Then the employer can file the Form ETA-9089 to the Department of Labor.
