H-1B Visa to Green Card: Understanding the Path to Permanent Residency

If you’re on an H-1B visa and thinking about staying in the U.S. long-term, becoming a permanent resident may be your next step. This has long been a common path. For example, a 2019 report from U.S. Citizenship and Immigration Services (USCIS) estimated more than 31,500 H-1B holders adjusted status to become lawful permanent residents in FY 2018. With rising H-1B filing costs—including new fees for employers that can reach $100,000 for some petitions—more H-1B holders are looking seriously at the Green Card path sooner rather than later.

The process of going from an H-1B visa to a Green Card is possible with the right strategy. When you should apply and whether you need an employer sponsor or can self-petition depends on your situation. We’ll cover who may be eligible and how the Green Card process may look for you.

Can I apply for a Green Card on an H-1B visa?

Although an H-1B is technically a nonimmigrant visa, meaning it only allows you to work temporarily in the U.S., you can apply for a Green Card on an H-1B visa. The Immigration and Nationality Act (INA) acknowledges that H-1B visa holders can have “dual intent.” That means you can continue to hold a nonimmigrant work visa while you pursue a Green Card.

If you’re on an H-1B, there are two ways to pursue permanent residency based on your work:

• Employer-sponsored options: Your U.S. employer files a Green Card petition on your behalf under a category like EB-1B, EB-1C, EB-2, or EB-3.
• Self-sponsored options: If you have significant achievements or your work is in the national interest, you may be able to petition for yourself under the EB-1A (extraordinary ability) category or qualify for the EB-2 NIW (National Interest Waiver).

When can I start the Green Card process on an H-1B?

You can start the Green Card process at any point during your H-1B status, but the earlier you begin the process, the better.

An H-1B is typically valid for three years and can be extended to a maximum of six years. But filing Form I-140 can extend your status beyond that limit. If your I-140 has been pending for at least 365 days, you can renew your H-1B in one-year increments. If your I-140 is approved but a visa isn’t yet available, you can get three-year extensions.

This ability to extend your H-1B status is significant because, depending on your Green Card category and which country you’re from, it can take 3-12 years for your priority date to become current, meaning a visa is available for you. Wait times are especially long for countries with visa backlogs, like China and India. For example, an EB-3 applicant from India may face a wait of over 10 years.

How long does it take to go from an H-1B to a Green Card?

For most H-1B holders, the process takes anywhere from one to five years or more, depending on the Green Card category and your country of origin.

In many cases, the longest stage is the PERM labor certification, which can take between 2 to 3 years. During this process, your employer must test the U.S. labor market to prove there are no qualified U.S. workers available for your role.

Some Green Card pathways let you skip PERM entirely, which can significantly speed things up. The EB-1 category, for example, is designed for individuals at the top of their field. If you qualify, you can move straight to filing Form I-140 (Petition for an Immigrant Worker) with USCIS.

Once the I-140 is pending approval, the rest of the timeline depends on your country of birth. Some applicants can immediately move directly to filing a Green Card application, while others must wait for their priority date to become current in the Visa Bulletin.

Employer-sponsored Green Card options for H-1B holders

In some Green Card categories, your employer must prove that they have a critical role to fill and can’t find a U.S. worker with the right skills for the job. Your employer would do this by applying for a Permanent Employment (PERM) labor certification from the Department of Labor (DOL). It’s a higher standard than the Labor Condition Application used for the H-1B petition.

In other categories, however, simply having a job offer will suffice as long as you meet the criteria for that particular Green Card.

These are a few types of Green Cards your employer may be able to sponsor.

EB-1B: Outstanding professors and researchers

• Who it’s for: Professors and researchers with significant contributions in their field
• Job offer required: Yes, a permanent offer from a U.S. university or research institution
• PERM required: No

EB-2 PERM: Advanced degree or exceptional ability

• Who it’s for: Professionals with an advanced degree or a bachelor’s plus at least five years of progressive experience
• Job offer required: Yes, employer sponsorship required
• PERM required: Yes

EB-3: Skilled workers, professionals, and other workers

• Who it’s for: Skilled workers (2+ years of training or experience), professionals (bachelor’s degree or equivalent), or other workers in roles requiring less than two years of training
• Job offer required: Yes, employer sponsorship required
• PERM required: Yes

Schedule A occupations (under EB-2 or EB-3)

• Who it’s for: Workers in national shortage fields, including nurses, physical therapists, and certain workers of exceptional ability in the sciences and arts
• Job offer required: Yes, employer sponsorship required
• PERM required: No

Options for getting a Green Card without your employer

If you can show that you have extraordinary ability in your field of work, or that your work is of national importance to the U.S., you may qualify to file under a self-sponsored Green Card category. That means you can file your own petition instead of needing an employer to file for you.

In general, the stronger your credentials and independent work achievements, the more flexibility you have to pursue self-sponsored options. However, you’ll need to provide significant evidence demonstrating your eligibility for each category.

EB-1A: Extraordinary ability

• Who it’s for: Individuals with sustained national or international recognition in fields of the sciences, arts, education, business, or athletics
• Eligibility requirements: Must show evidence such as awards, publications, or other major achievements

EB-2 NIW: National interest waiver

• Who it’s for: Researchers, entrepreneurs, or professionals in critical fields such as emerging technologies or areas of STEM that affect U.S. competitiveness or national security
• Eligibility requirements: An advanced degree (or bachelor’s plus five years of experience) and proof that your work is of national benefit to the U.S.

How to self-petition for a Green Card while on H-1B

The H-1B to Green Card process can be complex when you’re self-petitioning, but at a high level, it involves the following steps:

1. Collect necessary documents. That includes your passport, resume, educational records, and work letters (often the same documents used for H-1B).
2. Gather special evidence for your visa category. You may need to have publications, awards, citations, media coverage, or proof of national impact. Make sure to read the criteria listed for the relevant visa type to understand the standards of evidence required.
3. File your I-140 petition. You can technically do this part yourself, but you may want to work with an experienced immigration lawyer to avoid costly mistakes and delays.
4. Track your priority date. Use the State Department’s monthly Visa Bulletin.
5. Apply for a Green Card. Once your priority date becomes current, you can apply for an adjustment of status (Form I-485) if you live in the U.S. already, or consular processing (Form DS-260) if you’re outside the U.S.
6. Receive your Green Card. After approval, you’ll become a lawful permanent resident.

Who should go from H-1B to EB-1A?

Qualifying for the EB-1A requires you to meet a high bar, and it is not the right fit for everyone on an H-1B. But it’s also not limited to household names. As Nicole Gunara, Principal Immigration Attorney for Manifest Law, put it, “You don’t have to be Einstein. You don’t need to have an Olympic medal. You just need to show that level of distinction above others.”

For H-1B workers, the key question is whether your record shows that you stand out in your field. Another practical test Gunara offered is, “Do you feel distinguishable from the person who’s sitting next to you in the office?”

Here are some signs EB-1A may be worth exploring:

• You have received major awards, honors, or prizes.
• Your work has been cited, featured, or covered in publications or media.
• You have judged the work of others or served as a reviewer.
• You can show original contributions with significant impact in your field.

Learn more about the EB-1A qualification criteria here.

Maintaining H-1B status while your Green Card petition is pending

While waiting for a decision on your Green Card, you must maintain lawful H-1B status. If you have an I-140 and an I-485 pending, you can stay in the country even after the six years of your H-1B period of general admission. However, violations of immigration law can impact your status adjustment.

Violations can include working outside the scope of your approved petition or working for another employer without USCIS authorization. Misrepresenting information on any of your forms can also affect your ability to get a Green Card. Don’t let your status lapse by failing to file for H-1B extensions or a change of status if you lose your job.

Need help navigating the journey from an H-1B visa to a Green Card?

Whether you’re an H-1B holder exploring your options or an employer looking to petition for a key employee, an experienced immigration attorney can help you navigate the process from planning to approval. Manifest Law’s H-1B and Green Card lawyers have experience guiding individuals and companies of all sizes through employer-sponsored and self-petitioned cases.

Request a consultation to get started on your case.

FAQs when going from an H-1B to a Green Card

How can my family qualify for Green Cards?

Form I-140 includes information about your spouse and children and whether they intend to apply for a visa from outside the country or via adjustment of status from within the country.

Family priority dates all move together, so when your priority date becomes current, your spouse and your children will be able to file your I-485 applications at the same time to become permanent residents.

If your Green Card is already approved, you can sponsor your family to apply for Green Cards.

Even before you receive your Green Card, a spouse with an H-4 visa (for spouses of H-1B visa holders) can apply for an Employment Authorization Document (EAD) once the principal H-1B beneficiary’s I-140 is approved.

What is an adjustment of status vs. consular processing?

Once your I-140 petition has been filed and your priority date becomes current, how you complete the final step of the Green Card process depends on where you are. There are two main options:

1. Adjustment of Status (AOS): For visa holders already in the U.S., you can file Form I-485 to adjust status without leaving the country. You’ll know when you’re eligible by checking the USCIS visa bulletin, and you’ll usually use the Dates for Filing Chart. While your application is pending with USCIS, you can remain in H-1B status and also apply for Employment Authorization (EAD) to continue working and Advance Parole (AP) to have the flexibility to travel abroad and return to the U.S.
2. Consular Processing: If you are outside the U.S., you’ll need to apply at a U.S. consulate or embassy in your country of nationality. On the visa bulletin, you’ll use the Final Action Date chart to know when you’re eligible to receive your Green Card.

Learn more in our breakdown of adjustment of status and consular processing.

Can I change employers before my Green Card is approved?

If you’ve chosen an employer-sponsored immigrant visa and you’re laid off or leave your job before your Green Card is approved, it could complicate your application. But that depends on where you are in the process.

• If you filed Form I-485 and it has been pending more than 180 days, you could be eligible to “port” your application to your new employer, according to the American Competitiveness in the Twenty-First Century Act (AC21). Your new role must be in the same or a similar occupational classification.
• A PERM certification doesn’t move with you if you have an approved I-140 but are waiting for your priority date to become current. If you’re at this phase in the Green Card process, you may be able to keep your priority date, but your new employer likely will need to go through PERM certification for your new role.

Can I apply for a Green Card if my H-1B visa has expired?

Your ability to apply for a Green Card with an expired H-1B visa depends on whether your visa stamp or your visa status has expired. An expired visa stamp means you can’t request re-entry to the U.S. after international travel, but it doesn’t necessarily mean you are out of status while you’re inside the U.S. But if your H-1B status has expired and you have no extension or change of status in place, your options may be much more limited. If you are not sure when your status expires or if you have lawful status now, please contact us to speak to an immigration attorney.

Is the EB-1 Green Card faster for H-1B holders?

Yes, in most cases an EB-1 Green Card offers the fastest path to permanent resident status for H-1B holders. The EB-1 skips PERM labor certification and has the most current priority dates on the Visa Bulletin. For applicants from India and China, where EB-2 and EB-3 backlogs can stretch a decade or longer, the EB-1 backlog of roughly three years is a big difference. But you can only take advantage of this faster timeline if you meet the strict eligibility requirements.

Can I go back to H-1B after getting a conditional Green Card?

Having a Green Card means you no longer need an H-1B to work in the U.S. If a conditional Green Card is later revoked, you would not automatically revert to H-1B status and would need to apply for a new visa separately. Consult an immigration attorney if this applies to you.