Are you ready to convert your H1B visa into a Green Card? Here is the The Complete Guide to the H1B Green Card Process. You may have planned to remain in the U.S. and seamlessly transition from an H1B visa to Green Card. Perhaps you were granted an immigrant visa to practice working in the States and are still deciding to settle in America.
No matter your reason, this article will explain how to obtain Green Cards and Permanent Residence. Learn about the Green Card and H1B, as well as how to move from one to the other.
Table of Contents
What is an H1B Visa, and how do I get one?
The H1B Visa is a nonimmigrant work visa. Employers can hire graduates from universities to fill specialized roles. If you are a student in one of these areas, you will usually be eligible for an H1B Visa
- IT
- Finance
- Accounting
- Architecture
- Engineering
- Mathematics
- Science
- Medicine
- Among other things
Employers looking to hire long-term foreign workers will find the H1B Visa process faster than the Green Card process. Uniquely, H1B visas cannot be applied for by individuals. Employers must nominate them.
The government has a cap on H1B visas. Each year, 85,000 H1B visas become available. Sixty-five thousand visas are available for people with a Bachelor’s degree, while 20,000 are for people with an advanced degree.
What is a Green Card, and how do you get one?
A Green Card is an employment-based visa for immigration. There are two ways that a Green Card can be used to allow migrants to become permanent U.S. citizens:
- First, you can apply for permanent residence if your family members are already in the States.
- Employment is the second and most common way to get a green card.
The U.S. government has five types of work methods for getting a Green Card:
- An EB-1 is awarded to multinational executives/managers and those who excel in business, sports, art or science.
- An EB-2 is awarded to master’s degree holders in medicine, science, and teaching.
These three categories also cover work immigrants.
- An EB-3 is for skilled workers with at least two years of experience or master’s degrees that are not included in the EB-2.
- An EB-4 includes religious workers as well as U.S. Foreign Service personnel.
- The EB-5 is for investors who invest a minimum of $900,000.
What are the other forms of employment visas?
The United States offers a wide range of temporary worker visas. Several types of temporary worker visas are available in the United States, including non-agricultural and temporary agricultural worker visas. The trainee or unique education visitor is also available. You can also apply for an employment visa if you are an international athlete or entertainer.
Can I apply for a green card if I already have an H1B visa?
All H1B visa applicants can apply for a green card before their H1B expires. This is because the visa has dual intent. A dual-intent permit means you can submit paperwork to apply for a green card.
It is not easy to go from H1B to a green card. This will require some planning.
Before we begin the Adjustment of the Steps method, let’s review precisely what you need to know.
Application Process for H1B to Green Card
The Adjustment of Steps process can be complex and detailed. It will take some time. To see success and obtain your Green Card, you will need patience.
Before you can transfer, there are three steps.
Step 1: Apply to the PERM Labor Certification
The PERM (Permanent Labour) Labor Certification must be applied for by your employer.
Your employer will use this form to:
- Your wage
- Show that there are no U.S.-qualified candidates for the job
- Complete an ETA 9809 Form
Step 2: Submit I-140 Form (Immigration Petition)
Once the PERM certificate has been approved, you can file the I-140 form (also known as the Immigration Petition for Alien Workers). After the United States, Citizenship and Immigration Services has received your application; they will give you a priority date.
To perform step three as an international national, however, you will need to wait until your term has expired.
Step 3: Submit the I-148 Form (Adjustment of status)
The final step is the I-148 or Adjustment of status form. You must submit the I-148 form to your local USCIS office to continue. After approval, the customs office will stamp the passport to confirm your status as a Green Card holder.
When does my H1B Visa expire?
You can renew your H1B visa after six years, apply for a green card, or return to the country you were born in. An I-94 document was issued to you upon your first entry into the U.S. You will find the exact date your H1B expires on the I-94 card.
If you remain with the same employer, you can change your H1B visa date. You will find the updated date on your USCIS approval documents. In addition, you can obtain an electronic copy of your I-94 from the Customs and Border Protection website.
How long will my Green Card Application take?
Each step will require a different amount of time. However, you should expect to spend between 6 months and two years transitioning from H1B to a green card.
- The 6-18 month process for obtaining a PERM certificate takes place.
- The approval of your I-140 depends on your priority date, country of birth, and the amount you paid.
Although wait times can vary widely, the U.S. government has resources that will estimate your wait time. You can renew your H1B if your green card application seems slow.
What is the cost of my Green Card Application?
Your employer will cover a portion of the fees you pay to transfer to a green card if you hold an H1B Visa. Employers pay the legal fees. These usually range from $2000 to $55000. In addition, employers pay application fees of $580 for I-140 and $1070 for I-485.
The green card application process is estimated to cost around $10,000. A portion of that will fall on your shoulders as an employee.
