A Brief Guide: Green Card Process for H1-B Holders

When should you start the process?

The H1-B visa expires after six years. Your I-94 states the date when your visa will expire. You can go in three directions after your H1-B visa expires:
a) Go back to your home country if you don't want to stay any longer in the US
b) Renew your H1-B visa
c) Become a green card holder

If you want to proceed with the third option, you need to plan for a Green Card much sooner than the expiry stated on your I-94.

US Green Card Requirements 

If you are on an H1-B visa, you must meet one of these sets of requirements to be eligible for a Green Card- Green Card for Employment-Based Immigrants

First preference immigrant worker (EB-1)

If you are (any one of the following)- 

1. A non-citizen of extraordinary ability (category  EB-1A)
2. An outstanding professor or researcher (category  EB-1B)
3. A multinational executive or manager (category EB -1C)
   

Second preference immigrant worker EB-2 

If you are (any one of the following)- 

1. A professional holding an advanced degree or its equivalent. Your job requires you to possess an advanced degree & five years of progressive experience in the field.  
2. A person who has exceptional ability in Science, Arts, or Business. 

Third preference immigrant worker EB-3 

If you are (any one of the following)- 

1. A skilled worker whose job requires a minimum of 2 years of training or experience, not of the seasonal or temporary kind. 
2. A professional whose job requires at least a US baccalaureate or foreign equivalent degree. 
3. An unskilled worker who must demonstrate the ability to perform unskilled labour. The jobs you apply to should require less than two years of training or experience but should not be of temporary or seasonal nature.

Fourth Preference immigrant worker EB-4  

You may be eligible for EB-4 if you are a special migrant:

• Religious workers
• Special Immigrant Juveniles
• Certain broadcasters
• Certain physicians licensed and practicing medicine in a US state as of Jan 9, 1978
• Certain retired officers or employees of a G-4 international organisation or NATO-6 civilian employees and their family members;
  

Going from H-1B to Green Card

An Employer who is a sponsor

Like your H-1B Visa, you need an employer to sponsor your Green Card. This employer could be your current employer or a new employer. Your current/new employer needs to file a Green Card through an H-1B visa petition, including a PERM Labor Certification. After that, they would also need to file an Application for Employment Certification and an Immigrant Petition for Alien Worker (Form I-140).

How to get your green card via PERM?

Stage 1: PERM is short for Program Electronic Review Management. If you fall under EB-2 or EB-3 categories mentioned above, the law requires your sponsor to file PERM with the Department of Labour (DOL).
Your employer needs to provide information related to the job like duties & responsibilities, educational requirements, and location. The DOL will respond with a prevailing wage determination which will be the base salary for this job. The employer will then place multiple vacancy advertisements for this job and certify that no qualified US citizen wanted to apply.  Once the employer has given evidence that no US Citizen wants the job, they can file the Application for Employment Certification ETA form 9089. 

Stage 2: After form 9089 is approved, the employer must file I-140 Immigrant Worker Petition. The I-40 has to be filed within six months of the approval date of the PERM application. The employer needs to prove that they can hire the applicant at the offered wage and the applicant has the necessary qualifications and experience. 

Stage 3: The final step involves the applicant filing an I-485 Application to Adjust Status. The applicant's immediate dependents may also apply with them. A priority date is given to every applicant based on when they first filed PERM, representing their 'place in line.' Once you have filed an I-485, you must obtain a travel permit to go outside the US.
 

After filing the I-485, you will be given an appointment to attend your local Application Support Center to provide your biometrics information. You would also have to sign an acknowledgment that all the information provided by you is complete, accurate, and correct.  If your application is successful, you will be sent an approval notice, followed by your Green Card. The authorities will communicate the reasons for the denial of the Green Card. They will also inform you if you can appeal the decision. 

What happens if your H1-B Expires before getting the Green Card?

If your green card application is 'pending,' you might retain your lawful status. You would also prolong your stay if you have an approved I-140 petition and are awaiting your priority date.

How long does the whole process take? You can check your Case Processing Time on egov.uscis.gov

Processing Time for EB-1A, EB-1B & EB-1C

EB-1A and EB-1B can request premium processing and receive a priority date in 15 days. However, processing form I-485 could still take around six months. 

EB-1C - The processing time depends on the applicant's country, the number of applicants for the EB-1 visa, and the service centre. Typically, it takes around six months for the I-140 petition to be approved and the priority date. The priority date depends on which country the petitioner's from. After waiting for the priority date, form I-485 processing could take six months, depending on your service centre. 

Processing Time for EB-2

The total processing time for EB-2 differs from applicant to applicant. The waiting time is affected by factors such as the applicant’s country and the service centre, and the process may take anywhere between 18 months to several years. The applicant can apply for premium processing which will expedite the processing of Form I-140 from 6 months to 15 days.

Processing Time for EB-3

The total processing time differs from case to case for EB-3. The waiting time is affected by factors such as the applicant’s country and the service centre, and the process may take anywhere between 18 months to several years. The applicant can apply for premium processing which will expedite the processing of Form I-140 from 6 months to 15 days. 

Disclaimer: The information provided in this is for general informational purposes only and is not intended as legal advice. Please consult with a qualified attorney.