The Highlights
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The H-1B visa-U.S. permanent resident process is one of the most well-worn immigration routes in the country today. Hundreds of thousands of professionals are somewhere along that route right now, but ‘popular’ doesn’t always translate to ‘simple’.
The timeline to PR can range anywhere from two years to over two decades, depending on circumstances. Understanding each step in that process can make a world of difference if you’re planning to acquire PR status. Find out everything you need to know with this Luo & Associates immigration guide.
Step 1: PERM Labor Certification
The first step of the visa-to-permanent-residency roadmap actually starts with the Department of Labor rather than the USCIS. The PERM labor certification works as your employer’s way of proving to the government that a qualified U.S. worker couldn’t reasonably fill the position they are offering you.
Your employer needs to run a genuine recruitment campaign that involves:
- Job postings
- Resume reviews
- Documented reasons for not selecting any U.S. applicants who responded
PERM Timelines
Start to finish, PERM prep and filing can take anywhere from eight to eighteen months, and audit cases can take even longer. Note that there is no premium processing option at this stage of the visa-to-permanent-residency roadmap, so if your case has been selected for an audit, you will need to wait.
Step 2: The I-140 Petition
The next stage of the visa and permanent U.S. resident process starts once you have an approved PERM in hand. Your employer will now need to file a Form I-140 with USCIS, otherwise known as the immigration petition that will place you into a specific employment-based preference category.
There are three types of employment-based categories you need to know about as far as the visa-to-permanent-residency roadmap is concerned.
EB-1
The EB-1 covers extraordinary ability, outstanding researchers, and multinational executives. The biggest advantage of an EB-1 is that it doesn’t require a PERM at all (you get to skip that step). If you qualify for this exception, you could shave many months off your timeline.
EB-2
This category applies to advanced degree holders as well as individuals with exceptional ability. Most H-1B professionals end up in the EB-2 category.
EB-3
EB-3 is much broader than EB-2. It covers:
- Skilled workers
- Bachelor’s level professionals
- Others with an appropriate level of experience or ability
This category is easier to qualify for, but it’s also associated with longer backlogs for the route that gets you from a visa to permanent residency.
I-140 Processing
The USCIS typically processes I-140s in roughly six to eight months. Premium processing is available here, unlike step 1, and could reduce your waiting window to 15 business days. If you’re approaching your six-year H-1B limit and are aiming to convert your visa to a U.S. permanent resident status with a quick I-140 approval, premium processing is definitely worth considering.
Step 3: The Wait
This is usually the hardest part of the visa-to-green-card route for most applicants.
Why?
The U.S. caps employment-based green cards at around 140,000 per year. The visa to permanent residency pathway is also impacted by separate per-country caps that limit any single nation to seven percent of the total. For applicants from India or China, the demand for these slots will vastly outpace the supply, creating wait times that run into decades.
If you’re an H-1B holder planning your PR route, we suggest checking out the State Department’s Visa Bulletin, which covers all the priority dates currently eligible to move forward. If your priority date isn’t marked ‘current’ by the bulletin, you’ll need to wait for it to update while on a valid H-1B extension.
The Good News for H-1B Holders
This part of the visa to permanent residency route will rightfully sound daunting to most H-1B holders, but there is a piece of good news if you’re anticipating a long wait ahead.
If you’re transitioning your visa to a U.S. permanent resident status and have received an I-140 approval, you typically will be able to get H-1B extensions indefinitely until a visa number is available.
Unsure about your eligibility? It’s best to speak to a trusted H-1B visa expert to get a case review and plan your next steps.
Step 4: Filing for the Green Card
Once your priority date becomes current, you’re ready for the last stage of the visa-to-permanent-residency pipeline.
You’ll need to file Form I-485 (also known as Adjustment of Status). This will be submitted alongside supporting documents, a medical examination, and biometrics. You can also file for a work authorization card at this time. If you’re outside the U.S. at this time, you can file for consular processing and complete an immigrant visa interview at a consulate.
Start Your PR Journey Today
Whether you’re planning on getting an H-1B visa or taking your first steps towards permanent residency, working with a trusted visa lawyer like Luo & Associates is the best way to guarantee results. Get a free consultation and accelerate your path from visa to permanent residency today.
Frequently Asked Questions
How long does the H-1B-to-green-card process take?
Going from a visa to a U.S. permanent resident status will depend heavily on your country of birth and the visa category you qualify for. Applicants from countries without big backlogs can complete the process in two to four years.
Can I switch employers while my green card is in process?
Yes. You’re allowed to switch employers under AC21 portability rules, but only once your I-485 has been pending for at least 180 days, and if the new job falls in the same/similar occupational classification.
Do I need my employer’s help for a green card?
You will need your employer’s assistance if moving from a visa to permanent residency through the EB-2 and EB-3 routes. However, the EB-1A and EB-2 NIW allow self-petitioning in select cases.
About Author
Wen Luo, JD, is a highly accomplished Managing Attorney at Luo & Associates Law Group, P.C., with extensive experience in U.S. immigration law. As an active member of the American Immigration Lawyers Association, Wen focuses on protecting client rights and ensuring compliance with laws and regulations.
Her expertise spans a broad range of immigrant and non-immigrant visa applications, naturalization, and I-485 permanent resident applications. Wen also possesses significant experience with L-1 and EB-1C benefits for listed and international companies. Recognized for her achievements, she has been honored as a "Best Attorney of America" and is a Lifetime Charter Member.