H-1B to Green Card Process | Warren Law Firm
The H-1B visa is a very popular work visa that allows for “dual intent.” Very few temporary visas allow nonimmigrants to remain in their status while taking steps towards getting a green card. When they do, they benefit from the dual intent doctrine.
Most nonimmigrant visa classifications require that the holder maintain a residence abroad that they do not intend to abandon. That means, when applying for a nonimmigrant visa, typically, you can’t plan to use it to immigrate permanently to the United States.
Unlike most temporary nonimmigrant visa categories, the H-1B visa does not require applicants to prove they have a residence abroad to which they intend to return. You are free to come to the U.S. on a temporary H-1B work visa and then either return home when it expires or seek a green card.
Another benefit of the H-1B visa is that even if you’re the beneficiary of a pending immigrant visa, it’s still possible to travel outside of the U.S. and re-enter. If this is part of your plans, it is important to discuss the details with your attorney to ensure compliance with U.S. immigration rules.
Many workers want to know, “How soon can I apply for green card after H-1B approval?” In most cases, a worker can begin the H-1B to green card process almost immediately after arriving in the United States, provided the employer is willing to begin the PERM labor certification phase.
Starting early is critical because government processing timelines, visa backlogs, and priority date movements can delay permanent residence by months or even years. Beginning the H-1B to green card process sooner ensures continuity of work authorization and minimizes immigration risks for both the employee and the sponsoring employer.
If you want to pursue a green card while in the United States, you must first take two important steps:
- Consult with an experienced immigration attorney as soon as possible.
- Begin the green card application process with your attorney before your work visa expires.
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Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
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What is the H-1B Work Visa?
The H-1B nonimmigrant visa is a temporary work visa that generally allows a maximum cumulative stay of 6 years.
The initial stay is typically three years, but extensions of up to another three years is possible.
H-1B visas are reserved for workers in an occupation that requires specialized knowledge, which usually means holding at least a bachelor’s degree in a specific field or specialty.
Examples of H-1B Qualifying Specialty Occupations
H-1B visas are available to workers in a wide range of specialty occupations, including but not limited to:
- Engineers
- Architects
- Graphic Designers
- Professors
- Nurses and doctors
- Dentists
- IT professionals
- Psychologists
- Scientific researchers
- Public relations specialists
- And more.
Many occupations may qualify you for an H-1B nonimmigrant visa, but the catch is, you must have a job offer from a U.S. company to qualify. Your employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf, pay fees, and follow all requirements.
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After Arriving in the United States on an H-1B Visa
If you’re interested in learning more about transitioning from an H-1B work visa to a green card, you are likely already in the United States.
It’s important to consult with an experienced attorney when applying for an immigrant visa.
Most H-1B visa holders will use an employment-based immigrant visa to gain lawful permanent residence.
Changing from an H-1B visa to an Employment-Based Green Card
Considering that the H-1B visa to green card pathway is so common, many employers treat the H-1B as the first step toward long-term employment planning. Employers often evaluate whether the role is permanent in nature, whether the worker is likely to remain with the company, and whether the worker’s qualifications align with a future immigrant visa category such as EB-2 or EB-3.
The earlier these discussions happen, the smoother the transition will be. Workers should also understand that maintaining a valid H-1B status, keeping documentation organized, and monitoring the expiration dates on their approval notices are essential parts of preparing for a future green card filing. Proactive planning on both sides reduces delays and improves the likelihood of approval.
Five types of employment-based immigrant visa petitions can lead to a green card.
- EB-1 immigrant visa for skilled foreign workers with a qualified extraordinary ability
- EB-2 immigrant visa for skilled foreign workers with an advanced degree or with a qualified exceptional ability in their field
- EB-3 immigrant visa for skilled foreign workers, professionals, or certain other workers
- EB-4 immigrant visa for workers in certain special fields
- EB-5 immigrant visa for qualified investors who make the required investment in a U.S. business
Employer-Sponsored Green Cards
You will usually need to find a U.S. employer willing to offer you a permanent job, follow through with Department of Labor (DOL) expectations, and file a petition for your immigrant visa with the U.S. Citizenship and Immigration Services (USCIS). Most workers will require the sponsorship of a U.S. employer.
Self-Petitioning for Employment-Based Green Card
Only a few employment-based visa categories allow for self-petitioning. As a self-petitioner, you would still use an attorney; the self-petitioning means that you don’t need an employer to petition on your behalf.
The categories of visas that allow for self-petitioning are:
- EB-1 visas
- EB-2 visas with a National Interest Waiver (NIW)
- EB-5 visas
The choice between EB-1, EB-2, EB-3, EB-4, and EB-5 categories significantly affects the green card processing times. For example, EB-1 applicants with extraordinary ability often skip the PERM labor certification requirement, resulting in a much faster path to permanent residence. EB-2 workers who qualify for a National Interest Waiver also benefit from bypassing the PERM process.
In contrast, EB-2 and EB-3 applicants who require PERM must first go through a months-long recruitment and certification process through the Department of Labor. Country of origin also plays a major role; applicants from countries such as India and China may face visa retrogression, creating additional backlogs. Understanding these differences early helps you and your attorney select the most viable immigration strategy.
When choosing between employer-sponsored and self-petition routes, it is important to evaluate your long-term career plans. Workers who expect to change employers frequently may prefer visa categories that allow greater flexibility, such as EB-1A or EB-2 NIW, which do not require a permanent job offer. Workers who intend to remain with the same company may benefit from a traditional employer-sponsored PERM strategy.
Changing from an H-1B Visa to a Family-Based Green Card
Some H-1B work visa holders originally plan to return to their home abroad but end up meeting the person they want to marry while in the United States. In that situation, a family-based immigrant visa through your spouse may be another way to get your green card.
Family-based visa petitions become available to H1-B visa holders if they marry either a U.S. citizen or a lawful permanent resident. To apply for a green card based on marriage, your spouse will need to file a petition for your immigrant visa with USCIS on your behalf.
In some ways, a family-based green card is an easier pathway to becoming a lawful permanent resident. On the other hand, immigration officials are aware that marriages can be entered into transactionally so that the foreign national can gain a green card. If your immigrant visa petition eligibility comes through marriage, you must be prepared to prove that you are in a bona fide marriage. Your immigration attorney can help make sure you have enough evidence to support the authenticity of your marriage.
Regardless of the path, maintaining compliance with your H-1B status, such as ensuring accurate job titles, wages, and work locations, is essential because USCIS reviews these factors carefully during the green card stage. Even small inconsistencies between your H-1B petition and immigrant petition may cause delays or requests for evidence, making early attorney involvement highly beneficial.
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Waiting on Your Immigrant Visa Approval
While you wait for your immigrant visa approval, you may need to apply for an extension on your H-1B visa.
USCIS will usually approve your H-1B extension past the six-year maximum under one of the following conditions:
- A year has passed since any application for labor certification used to support your employment-based immigrant visa petition
- A year has passed since filing your employment-based visa petition
- Your visa petition is approved, but an immigrant visa number isn’t available to you yet
If your H-1B visa expires before your green card is approved and you need to continue working, you must apply for a work permit.
Your attorney can help you. Your attorney will also recommend the best time to get a medical exam and get caught up on vaccinations. At some point in the waiting process, USCIS will send you an appointment for your interview.
While waiting on your visa approval, it’s very important to follow all the rules on your existing visa, stay out of trouble, and make as few changes as possible. If you move, you must immediately inform USCIS of your new address, not only so you receive timely communications, but also because it’s the law.
Once your visa petition is approved and a visa becomes available to you, your lawyer can help you adjust your status to lawful permanent resident, and you will receive your green card.
Talk to an Immigration Attorney About Your H-1B to Green Card Options
Warren Law Firm has a proven track record of success in immigration law, including H-1B work visas with dual intent, employment-based immigrant visas, and marriage visas. If you want an attorney you can trust to represent you through your entire immigration journey, schedule a free consultation today.
