A Comprehensive Guide of H1B to Green Card Transition -

Uncategorized

A Comprehensive Guide of H1B to Green Card Transition

Are you prepared to transition from an H1B visa to permanent US Green Card status? Whether your initial plan involved a seamless shift from H1B to Green Card or if you obtained your immigrant visa for temporary work experience in the U.S. without intending to settle permanently, this guide will outline the immigration requirements for the Green Card application process. Explore the details of obtaining Green Cards and permanent residency, gaining insights into the H1B visa, Green Card, and the transition process between the two.

Understanding the H1B Visa:

The H1B visa in the United States is a non-immigrant work visa designed to enable companies to employ individuals who have completed university education for specialized roles.

Eligibility for an H1B visa typically extends to individuals with education and training in various fields, including but not limited to:

IT
Finance
Accounting
Architecture
Engineering
Mathematics
Science
Medicine
And more.

The H1B visa process is swifter compared to the Green Card route, making it a preferred choice for employers seeking to bring in foreign employees for an extended period. Unlike the Green Card method, individuals cannot independently seek H1B classification; instead, they must be nominated by an employer. If approved, the individual requires an employment authorization document, commonly known as a work permit.

However, it’s important to note a limitation with H1B visas—there’s an annual cap imposed by the government. Each year, a total of 85,000 new H1B visas are allocated, with 65,000 reserved for individuals with a Bachelor’s degree and an additional 20,000 for those holding more advanced degrees.

For further information, you may want to read our related article on “How to Check the Status of Your H-1B Visa Application.

What Is a Green Card?

A green card, categorized as an employment-based immigration visa, grants lawful permanent resident status through various avenues:

The first method involves applying for permanent residence by completing the family sponsorship form if you have relatives already residing in the United States.

The second and more prevalent approach is to pursue a green card through employment by submitting an immigrant petition. If you possess relevant work experience in a specific field and intend to apply for a job position in the U.S., this method is applicable.

The U.S. government classifies the employment-based process of obtaining a Green Card into five categories:

EB-1

EB-2

EB-3

EB-4

EB-5

Understanding the H1B to Green Card Transition Process

While many temporary US visas do not provide a route to permanent residence, the H1B visa stands out as a ‘dual intent’ visa. This unique feature allows visa holders to qualify for Green Card application eligibility after reaching the maximum allowable stay of six years.

Step 1: Secure Employment with a Qualified U.S. Sponsor

Initiate the process by finding a U.S. employer willing to support your green card application through a qualifying position. Most employment-based green card categories require sponsorship, either from your current H-1B employer or a different one. Specific criteria must be met for an employer to qualify for sponsoring an employee’s green card application.

If your current employer doesn’t meet the sponsorship criteria, consider changing jobs before starting the application. Additionally, not all H-1B positions automatically meet green card adjustment requirements, so adjusting your job responsibilities may be necessary to accumulate the required experience for your chosen green card category.

Step 2: Obtain PERM Labor Certification

Your employer must then secure a PERM Labor Certification, involving determining and paying the prevailing wage, conducting an extensive recruitment process to confirm the unavailability of U.S. workers for the position, and filing an ETA 9089 form.

Step 3: File Form I-140 Petition

Once the PERM is approved, your employer must submit an I-140 Immigration Petition for Alien Worker. This form requires demonstrating the employer’s financial stability to pay the designated salary. Include the approved PERM labor certification and the necessary filing fee. Approval of the I-140 petition marks progress in the green card application process but doesn’t change your nonimmigrant status to immigrant status. The actual adjustment occurs after the approval of the I-485 petition in the fifth step.

Step 4: Await Priority Date Current Status

The date your petition reaches the USCIS becomes your priority date. Proceed to the next step only when your priority date becomes current. Regularly check the latest visa bulletin for information on current dates.

Step 5: Submit Form I-485 for Adjustment of Status

Once your priority date is current, submit the I-485 form to the USCIS for an adjustment of status. Approval of this form signifies the final step in the green card application process, and upon approval, you will receive your green card.

For further information, you may want to read our related article on “What is a travel document number?”

Categories of Green Card Holders

Green card holders can be classified into various types based on the purpose of their immigration to the United States:

Family-Sponsored: Eligibility for this category arises if you have family members already residing in the U.S. Immediate family members, such as spouses, parents, siblings, or children who are U.S. citizens or permanent residents, may qualify.

Employment-Based Green Card: If you are recruited by a U.S. company while residing in your home country, your employer can sponsor you for U.S. residency. Under an employment-based green card, you are typically required to work for the sponsoring employer until your contract concludes. Upon fulfilling contractual obligations, you gain flexibility to work elsewhere. Alternatively, if you are not sponsored by an employer, you can apply for the national interest waiver, provided your job contributes to the U.S. economy.

Returning Resident: Individuals who previously held a green card but left the U.S. for a year or more may apply for a returning resident green card. However, you must substantiate that your absence from the U.S. was beyond your control, such as due to a family emergency or cultural requirements.

Green Card Lottery: Annually, the USCIS conducts a ‘green card lottery,’ randomly selecting 55,000 noncitizen names eligible for green cards. This lottery attracts as many as 20 million applicants each year.

Requirements for U.S. Green Card

U.S. Green Cards are available under various categories, including family and employment-based Green Cards.

If you have close family ties in the U.S., you can seek permanent residence based on your relationship. For example, if your spouse is a U.S. citizen, you can apply for a Green Card through marriage.

For individuals with H1B status, the typical route for Green Card application is through employment. To qualify for this type of Green Card, you must meet the conditions outlined for each preference category:

First Preference Immigrant Worker (EB1):

Possess ‘extraordinary ability’ in science, the arts, education, athletics, or business.

Be an ‘outstanding’ researcher or professor.

Qualify as a multinational executive or manager based on specific criteria.

Second Preference Immigrant Worker (EB2):

Be a part of a career where a graduate degree is necessary.

Demonstrate ‘exceptional ability’ in science, the arts, or business.

Seek a national interest waiver.

Third Preference Immigrant Worker (EB3):

Fall into one of the following categories:

Skilled worker: Job requires a minimum of 2 years of training or work experience.

Professional: Job requires at least a U.S. bachelor’s degree or its foreign equivalent, and you are a member of the profession.

Unskilled worker: Perform unskilled labor requiring less than 2 years of training or experience.

Additionally, there are other categories such as EB-4, covering religious workers and U.S. Foreign Service employees, among others, and EB-5, encompassing individuals who invest a minimum of $900,000 in a U.S. business with at least ten employees.

The Application Process from H1B to Green Card

The Adjustment of Steps process is intricate and time-consuming, requiring patience for successful Green Card acquisition. Before the transition is complete, you will navigate through three distinct steps.

Step 1: Apply for PERM Labor Certification

Your employer initiates the process by applying for the PERM (Permanent Labor) Labor certification in your name. This involves setting your wage, demonstrating the lack of qualified U.S. candidates for the position, and completing an ETA 9809 form.

Step 2: Submit the I-140 Form

Upon approval of the PERM certification, submit the I-140 form, also known as the Immigration Petition for Alien Worker. The United States Citizenship and Immigration Services (USCIS) assigns you a priority date upon receiving your application. Unfortunately, you must wait until your date is current to proceed to the next step as a foreign national.

Step 3: Submit the I-485 Form

The final step involves filing the I-485, or adjustment of status form, with your local USCIS office. After approval, the customs office will stamp your passport, signifying your new status as a Green Cardholder.

H1B to Green Card Process FAQs

When Does My H1B Visa Expire?

The expiration date of your H1B visa is six years from its issuance. Options upon expiration include renewal, green card application, or returning to your home country. Your I-94 document, received upon initial entry to the U.S., specifies the exact end date of your H1B.

If you choose to stay with the same employer, you can modify the visa expiration date, reflected in your USCIS approval documents. Access an electronic copy of your I-94 on the Customs and Border Protection database website.

How Long H1b Visa to Green Card Take?

h1b to green card processing time varies, ranging from 6 months to 2 years for the entire process. The PERM Labor Certification takes 6 to 18 months, and I-140 approval depends on your priority date and country of origin. The U.S. government provides resources to estimate specific wait times and check green card status. If the process seems lengthy, H1B renewal is an option.

How Much Will My Green Card Application Cost?

For H1B visa holders, the employer covers part of the green card fees, including legal fees (typically $2000 to $5000). Application fees for Form I-140 ($580) and I-485 ($1070) may be paid by the employer or employee. The total cost of the green card application process is around $10,000, with a portion borne by the employee.

What Is the Diversity Immigrant Visa Program?

The Diversity Immigrant Visa program is a lottery offering 50,000 green cards to foreign nationals from underrepresented countries, with eligible countries receiving 7% of total visas issued annually. The lottery, free to enter, requires annual reapplication. If selected, immediate family members are also chosen, and a processing fee is applicable. The lottery occurs yearly between October and November.

How Long Does It Take To Renew a Green Card?

Green card renewal duration ranges from 1 1/2 months to 12 months. Current processing times can be viewed on the USCIS website.