You’ve been working in the US on an H-1B visa, but now you’re ready to take the next step and apply for a green card. Going from a temporary work visa to permanent residency can feel like a long journey, but with the right information and planning, it’s totally doable.
Let’s walk through the process, step by step.
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Can You Go from H-1B to Green Card?
The short answer is yes. Many H-1B visa holders transition to a green card, usually through employment-based immigration. This process, often referred to as “adjustment of status,” allows you to apply for permanent residency without having to leave the US. However, it’s a multi-step process, and each stage comes with its own set of requirements.
Tip: Start planning early! The green card process can take several years, depending on your country of origin and other factors.
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Step 1: PERM Labor Certification (If Required)
The first step in the green card process is usually getting a PERM labor certification. This is required for most employment-based green card applicants (EB-2 and EB-3 categories), and it’s where your employer proves to the US Department of Labor that no qualified US workers are available for the job they’re offering you.
Your employer will need to:
- Advertise the job to US workers
- Submit a labor certification application on your behalf
Once approved, the certification allows your employer to move on to the next step in the green card process.
Pro Tip: The PERM process can take several months, so be patient. Keep in touch with your employer to make sure everything is moving along.
Step 2: File Form I-140, Immigrant Petition for Alien Worker
Once the PERM labor certification is approved (or if your job is exempt from it), your employer will file Form I-140 on your behalf. This form is a petition to prove that you qualify for the employment-based green card.
Your employer will need to submit proof of your qualifications, such as your education, job experience, and any special skills required for your role. This form is also where your employer proves they can pay you the offered wage.
Tip: You can track the status of your I-140 petition on the USCIS website once it’s filed.
Step 3: Wait for Your Priority Date to Be Current
After your I-140 is approved, the next step depends on your priority date. This is the date your employer filed the PERM labor certification or I-140 petition. If you’re from a country with a high demand for green cards (like India), you may have to wait for your priority date to become “current” before you can move forward with your application.
The US government issues a set number of green cards each year for different countries and categories, so if demand exceeds supply, there’s a waiting period. You can check the Visa Bulletin on the US Department of State website to see where your priority date stands.
Tip: While you wait, make sure your H-1B visa stays valid by renewing it, if necessary.
Step 4: File Form I-485, Application to Adjust Status
Once your priority date is current, you can file Form I-485, the Application to Adjust Status. This is the final step in becoming a green card holder. The I-485 form is where you apply for permanent residency, and you’ll need to provide proof of your identity, employment, and legal status in the US.
You’ll also need to attend a biometrics appointment, where USCIS will take your fingerprints, photo, and signature to run a background check.
Pro Tip: You can file Form I-485 simultaneously with Form I-140 if your priority date is already current, speeding up the process.
Step 5: Attend Your Green Card Interview
In some cases, you may be required to attend a green card interview at a local USCIS office. During the interview, a USCIS officer will review your application and ask questions to verify your eligibility. Be prepared to discuss your job, qualifications, and immigration history.
Not everyone will need an interview, but if you do, it’s usually a straightforward process as long as you’ve provided all the necessary documents.
Tip: Bring copies of all your documents, just in case they need to verify any information.
Step 6: Receive Your Green Card
After your I-485 is approved, congratulations—you’re a green card holder! USCIS will mail your green card to your address in the US, and you’ll officially have permanent resident status. With a green card, you can live and work in the US indefinitely, travel freely in and out of the country, and eventually apply for US citizenship if you choose.
Pro Tip: Make sure to renew your green card every 10 years to keep your status current.
Final Thoughts
Transitioning from an H-1B visa to a green card is a multi-step process that requires careful planning and patience. But once you’re a permanent resident, all that waiting will be worth it! Stay in close contact with your employer, follow up on your application status, and be prepared for any hiccups along the way.
For more details, visit the USCIS website or consult an immigration attorney if you have specific questions about your case.
