Most temporary US visas do not offer a path to US permanent residence. The H1B visa, however, is a ‘dual intent’ category, which means you can hold H1B status while also being the beneficiary of an immigrant (green card) case. You do not have to wait until you reach the maximum six-year H1B stay to start the green card process. Many employers begin the green card steps well before year six to avoid gaps in work authorization or time spent outside the US. In this guide, we set out the H1B visa to Green Card application process.

Section A: H1B to Green Card Overview

H1B visas are generally issued in increments of up to three years, with most individuals limited to a total of six years in H1B status. Your I-94 card will state the date your current H1B period of admission ends, which may fall before your overall six-year maximum depending on when USCIS last approved your status.

To be able to stay in the US after this six-year period, you will need to make an application to either extend H1B status under the statutory rules that allow time beyond six years, or apply for a Green Card. Remaining in the US without taking action to maintain lawful status will mean you have to depart the country.

If you opt to apply for a Green Card, it becomes important to understand how the H1B expiry rules interact with the immigration process. Since Green Card applications can take months or sometimes years to complete, H1B visa holders should be clear about the implications of their visa expiry date and what steps are required to continue working lawfully while their Green Card case progresses. For example, you are not able to retain lawful status in the US simply because a Green Card application has been started. A pending PERM or I-140 does not itself grant lawful status. Only once you have filed a properly submitted Adjustment of Status application (Form I-485) are you permitted to remain in the US while that filing is pending, even if your H1B expires later.

Equally, you may be permitted to extend your H1B status beyond the six-year limit if certain stages of your Green Card process are underway. Where a PERM or I-140 has been pending for at least 365 days by the end of your sixth year, you may be eligible for one-year H1B extensions. If you have an approved I-140 but cannot yet file for Adjustment of Status because your priority date is not current, you may qualify for three-year H1B extensions. These extensions can be filed by your existing employer or by a new employer willing to take over sponsorship.

The effect of these rules is that H1B visa holders planning a transition to permanent residence should monitor their PERM and I-140 timeline closely and take advice well before approaching their six-year limit to avoid gaps in status or interruptions to employment.

Section B: US Green Card Benefits

As a Green Card holder, you can work and live lawfully in the US on an indefinite basis, without the requirement for additional work authorization. The Green Card serves as proof of your permanent residence status, for example when seeking employment in the US or completing Form I-9 with a new employer.

With US permanent residence, you may also travel in and out of the US, provided you avoid trips that indicate you are really living abroad. Extended absences of more than six months can trigger questions at the border and can disrupt the continuous residence needed for citizenship. Trips of a year or more without a re-entry permit can lead to a presumption that you have abandoned your Green Card, which may require you to apply again as a returning resident.

Once you have held a Green Card for five years, you may become eligible to apply for US citizenship, provided you meet the separate residence and physical presence requirements. If you are married to and living with a US citizen, you may instead qualify on the three-year route to naturalization.

You can also sponsor certain close relatives to hold their own Green Card, provided they meet the eligibility criteria and fall within one of the permitted family-based categories.

The Green Card application process is, however, typically protracted and involves multiple stages, with no guarantee of a successful outcome. Delays in PERM, visa bulletin backlogs and requests for further evidence can all extend timelines and add uncertainty.

This means going from the H1B to Green Card route requires careful planning to ensure you follow the correct timings and process, protect your H1B and dependent status during each stage, and reduce the risk of avoidable issues or even a refused application.

Section C: US Green Card Requirements

There are several categories of US Green Card, such as family and employment-based Green Cards. Most H1B visa holders transition through an employment-based category, although some may be eligible through family.

If you have a close family member in the US, you could apply for permanent residence based on your relationship. For example, if you are married to a US citizen, you can apply for a Green Card through marriage , provided you meet the separate requirements for that route.

With H1B status, you would usually apply for a Green Card through employment. To be eligible for this type of Green Card, you must meet one of the following sets of conditions, depending on the employment-based category under which you are applying. Some categories will require a PERM labor certification, while others, such as certain EB1 and EB2 National Interest Waiver cases, do not.

First preference immigrant worker (EB1)

At least one of the following must apply:

• You have ‘extraordinary ability’ in science, the arts, education, athletics or business and can continue working in your field in the US.
• You are an ‘outstanding’ researcher or professor with a qualifying job offer from a US employer.
• You are a multinational executive or manager who meets certain criteria and is being transferred to a qualifying US entity.

In many EB1 cases, a PERM Labor Certification is not required, which can make this route significantly faster if you qualify.

Second preference immigrant worker (EB2)

At least one of the following must apply:

• You are a member of a profession that requires you to hold an advanced degree, and you will work in a role that requires that degree.
• You have ‘exceptional ability’ in science, the arts or business that is significantly above that ordinarily encountered in your field.
• You seek a National Interest Waiver (NIW), which allows you to self-petition if your work has substantial merit and national importance and you meet the NIW criteria.

Most EB2 cases require a PERM Labor Certification, except for NIW, where you can proceed without PERM and, in some cases, without a specific job offer.

Third preference immigrant worker (EB3)

At least one of the following must apply:

• You are a skilled worker. This means that your job requires a minimum of 2 years training or work experience.
• You are a professional. This means that your job requires at least a US bachelor’s degree or a foreign equivalent, and you are a member of the profession.
• You are an “other worker”. This means that you will perform unskilled labor requiring less than 2 years training or experience, in a job that is not temporary or seasonal.

EB3 cases generally require a PERM Labor Certification, with the job requirements and offered wage carefully aligned to the PERM filing and your H1B role.

In addition, there is also the EB4 which covers certain special immigrants, such as religious workers and some US government or international organization employees, and the EB5 which covers individuals who invest a qualifying amount of capital into a US commercial enterprise that creates at least ten full-time jobs. Under the current rules, the standard minimum EB5 investment is higher, with a reduced minimum available for qualifying projects in targeted employment areas or rural or infrastructure projects.

Section D: H1B to Green Card Process

To change your status from H1B to Green Card, you need to follow a strict process, starting with ensuring you have suitable sponsorship and, in most cases, PERM Labor Certification, then moving on to the immigrant petition and finally either Adjustment of Status in the US or consular processing overseas. Getting the sequence right, and timing each stage against your H1B validity and visa bulletin dates, is key to avoiding gaps in work authorization or time spent outside the US.

1. Do you have a sponsoring employer?

The first step is to find an employer who will sponsor your application for a Green Card by offering you qualifying employment in a role that meets the requirements of the relevant employment-based category.
This may be the employer who you have worked for under your H1B status, or you are permitted to find a new employer willing to sponsor you for permanent residence.
In a typical PERM-based case, your employer must file a Green Card through H1B visa petition on your behalf, which will usually involve a PERM Labor Certification, an Application for Employment Certification and an Immigrant Petition for Alien Worker (Form I-140). In some EB1 and EB2 National Interest Waiver cases, PERM is not required, but an I-140 immigrant petition is still needed.

2. PERM Labour Certification

PERM stands for Program Electronic Review Management.

Where you fall under the EB2 or EB3 Green Card categories (and certain EB2 roles that are not NIW), your sponsoring employer must file a PERM Labor Certification with the Department of Labor (DOL).

As part of the certification process, the employer must obtain a prevailing wage determination from the DOL for the offered position. The employer provides information on the job, including duties involved, minimum requirements and location. In response to this information, the DOL will issue a prevailing wage determination. This will form the base salary requirement for the job and the wage the employer is required to pay once permanent residence is granted.

The employer must then demonstrate that there are no qualified, willing and available US workers for the role by undertaking a prescribed recruitment process. In most cases, this will include:

• Placing a 30-day job order with the relevant State Workforce Agency.
• Placing two Sunday newspaper advertisements in an appropriate newspaper of general circulation for the area of intended employment (or an acceptable alternative for certain professional roles).
• Posting a notice of filing at the worksite.
• For professional positions, undertaking at least three additional recruitment steps from the DOL’s permitted list, such as using the employer’s website, job search websites, job fairs or trade publications.

Once the employer can evidence that there are no qualified US workers available for the job, they file the Application for Employment Certification, ETA Form 9089, naming you as the sponsored worker. The PERM Labor Certification is intended to ensure that hiring you as a permanent resident will not adversely affect the wages and working conditions of similarly employed US workers.

If the PERM application is approved, the case can move to the immigrant petition stage. If PERM is denied or audited, your employer will usually need to respond to the audit, appeal or refile, which can add significant time to the overall H1B to Green Card process.

3. Immigrant Petition for Alien Worker

Once ETA Form 9089 has been approved, the employer is to file an Immigrant Petition for Alien Worker, known as Form I-140.

The purpose of the I-140 is to demonstrate that the worker is eligible for a Green Card through employment and that the employer can afford to pay the wage offered in the PERM process from the date of filing the labor certification onwards. Supporting evidence will usually include corporate tax returns, audited financial statements or annual reports, together with proof that your qualifications and experience meet the PERM requirements.

For PERM-based EB2 and EB3 cases, the priority date is generally the date the PERM was filed with the DOL. For categories that do not require PERM, such as many EB1 and EB2 NIW cases, the date that USCIS receives the I-140 becomes your priority date. You will need to monitor the Department of State’s regular visa bulletin to see when your priority date becomes “current” for your category and country of chargeability.

Once your I-140 is approved and your priority date is current, you can proceed to the final stage of your Green Card application, either through Adjustment of Status in the US or consular processing at a US embassy or consulate overseas. Premium Processing may be available for certain I-140 categories if you need an expedited decision on the immigrant petition.

4. Apply for Adjustment of Status

Once your priority date has arrived and you are otherwise eligible, you should apply for Adjustment of Status by completing Form I-485 if you are in the US in a qualifying nonimmigrant status, such as H1B. Information you will need to supply for the Adjustment of Status application includes:

• Full name.
• Date and place of birth, with details of citizenship or nationality.
• Address details and past addresses.
• Recent immigration history and current immigration status.
• Passport or travel document details.
• Place, date and details of last arrival into the US.
• Status on Form I-94.
• Application Type or Filing Category – H1B visa holders seeking a Green Card through employment should tick the “Employment-based” option.
• Employment history for the last 5 years.
• Information about your parents.
• Your marital status and history and information about your spouse.
• Information about your children.
• Biographic information, such as your ethnicity, height and other identifiers.
• Answers to general eligibility and inadmissibility questions, such as association with certain organisations or groups, or whether you have ever been denied entry into the US.
• Disclosures of criminal acts and violations where required.
• Security and related information, such as whether you have ever been involved in espionage or terrorism.
• Details of any receipt of public assistance from the US Government or likelihood of future reliance on public assistance, where relevant.
• Information about any illegal entries and other immigration violations.
• Details of any prior removal, unlawful presence or illegal re-entry after previous immigration violations.
• Details of any interpreter you may have used to complete your application.
• Details of any other person who may have helped you to complete your application, or completed it on your behalf.

Importantly, once you have filed Form I-485, you should obtain permission before taking any trips outside the United States. If you do not have a valid H1B visa to use for re-entry, you will typically need Advance Parole. Departing the US without valid H1B status or Advance Parole while your I-485 is pending will usually lead to your Adjustment of Status application being treated as abandoned.

After you have filed your I-485 form, accompanied by the required filing fee and supporting documents, you will be given an appointment at your local Application Support Center (ASC). The purpose of this appointment is to provide your biometrics information, such as fingerprints, photograph and signature. These will be used to verify your identity and carry out background and security checks.

You will also be asked to sign an acknowledgment that the information provided in your application is complete, true and correct. Failure to attend the appointment or sign the acknowledgment will mean that your I-485 form is likely to be rejected or denied.

USCIS will then decide whether you should attend an interview, depending on your individual situation and current agency policy. If you are asked to attend an interview, you will be questioned on your application form, your supporting documents, and your work and personal circumstances. You should bring originals of all supporting documents with you, such as your passport or travel document and evidence of the job offer and employer’s business.

You may be asked for additional documents to determine your eligibility. If you do not supply these documents by the stated deadline, your application may be denied.
USCIS will notify you of their decision in writing. If your application is successful, you will initially be sent an approval notice, followed later by your Green Card. If your application is denied, you will be told of the reasons why your application was unsuccessful and whether you may appeal or file a motion, or whether refiling is more appropriate.

Once your I-485 has been properly filed and remains pending, you are permitted to remain in the US in that pending Adjustment of Status category. Many H1B holders also apply for an Employment Authorization Document (EAD) and Advance Parole alongside Form I-485 so that they have flexible work and travel options while waiting for a final decision, although some choose to retain and extend H1B status as an additional safeguard.

Section E: H1B to Green Card costs

The total cost of going from H1B to Green Card is made up of several stages, each with its own government fees and professional costs. Some costs are the employer’s responsibility as a matter of law, while others can be paid by you or your dependants.

For PERM Labor Certification, there is currently no government filing fee for Form ETA-9089, but the employer is required to cover all related recruitment and advertising expenses and any attorney fees for the PERM stage. They are not allowed to recover these PERM costs from you, either directly or indirectly.

At the I-140 stage, your sponsoring employer pays the immigrant petition filing fee, which is currently in the region of a few hundred dollars, together with the separate Asylum Program Fee that now applies to most employment-based I-140 filings. Many employers also choose to use Premium Processing for I-140, which carries a substantial additional fee for a 15-calendar-day decision. In practice, this means the I-140 stage can run into several thousand dollars once filing fees and legal fees are combined.

When you reach Adjustment of Status, each adult applicant pays the I-485 filing fee, which increased in April 2024 and now stands at over $1,400 for most adults, with a lower fee for some children filing with a parent. If you file an Employment Authorization Document and Advance Parole at the same time, there are now separate filing fees for these forms where they used to be bundled at no extra charge. You should also budget for the cost of the immigration medical exam, which is paid directly to the civil surgeon rather than to USCIS, and which can vary depending on location.

If you complete the final stage by consular processing instead of Adjustment of Status, you and each dependant will pay National Visa Center and consular immigrant visa fees, as well as separate medical exam costs and any local document or translation expenses.

Because USCIS and Department of State fees are updated periodically, H1B workers and employers should always check the latest USCIS fee schedule or online fee calculator, and factor in attorney fees and recruitment costs, to build a realistic budget for the full H1B to Green Card journey for the principal worker and any accompanying family members.

Section F: H1B to Green Card Timeline

Most H1B holders do not follow a single fixed timeline when moving to a Green Card. The overall time depends on several variables, including your employment-based category (EB1, EB2 or EB3), your country of chargeability, and how quickly each stage of the process progresses. The PERM Labor Certification alone can take many months, particularly if the case is audited or if prevailing wage determinations are delayed.

Once the I-140 immigrant petition has been filed, your place in line is set by your priority date. For PERM-based cases, this is usually the date the PERM application was filed. For categories that do not require PERM, such as most EB1 and EB2 National Interest Waiver filings, the priority date is the date USCIS receives the I-140.

Your Green Card application can only move forward when your priority date becomes current in the visa bulletin for your preference category and country of chargeability. For applicants from countries with low demand, this may happen soon after the I-140 is approved. For nationals of countries with high visa demand, such as India or China, the wait can be several years or longer, even where the underlying H1B role remains stable.

Because these timelines are variable, many H1B holders work with their employer to begin the Green Card process during the early years of H1B status, so they have sufficient time to secure priority dates and maintain lawful status while waiting for an opportunity to file Adjustment of Status. These considerations explain why no single standard timeframe applies to all H1B to Green Card cases.

Section G: Summary

Moving from H1B to Green Card is not a single form or quick upgrade. It is a staged process that needs planning from the early H1B years, with your employer on board and a clear view of PERM timing, I-140 strategy and the visa bulletin for your category and country. Get the basics wrong and you risk running out of H1B time, losing work authorization or facing long periods where your family’s status and plans are uncertain.
The workers who reach permanent residence cleanly are usually the ones who map out their route in advance. They know when PERM will start, how AC21 extensions work, what happens if they change jobs or are laid off, and how their spouse and children will move from H4 to Green Card alongside them. They also budget realistically for government fees, legal costs and recruitment spend.

Section H: Need Assistance?

The H1B to Green Card process can be lengthy and complex. NNU Immigration can help you through each of the stages, from compiling the relevant supporting documents to dealing with the authorities.

For advice about a Green Card application, contact us.

Section I: H1B to Green Card FAQs

What is the first step to transition from an H1B visa to a Green Card?

The first step is typically obtaining a PERM Labor Certification from the Department of Labor. This certification is required to ensure that no qualified US workers are available for the position you hold.

Can I apply for a Green Card without my employer’s sponsorship?

In most cases, employer sponsorship is required. However, certain categories like EB-1 (for extraordinary ability) or National Interest Waiver (NIW) under EB-2 may allow you to self-petition.

How long does the H1B to Green Card process take?

The process can take several years, depending on factors like the employment-based category you apply under, your country of origin, and the current priority date for your category.

What happens if my H1B visa expires before my Green Card is approved?

You may be eligible for H1B extensions beyond the six-year limit if your Green Card process is underway. It’s important to maintain legal status in the US while waiting for Green Card approval.

Can I travel outside the US while my Green Card application is pending?

Yes, but you must ensure that your H1B visa is valid or obtain Advance Parole, which allows you to re-enter the US without abandoning your Green Card application.

What is Premium Processing, and should I use it?

Premium Processing is an expedited service offered by USCIS for certain petitions, including the I-140. It guarantees processing within 15 days for an additional fee. It can be useful if you need to speed up the process.

Can I switch employers while my Green Card application is in process?

Switching employers is possible under the AC21 (American Competitiveness in the 21st Century Act) if certain conditions are met, such as your I-140 being approved and your I-485 being pending for at least 180 days.

What are the common reasons for delays in the Green Card process?

Delays can occur due to backlogs in PERM processing, long waiting times for priority dates, requests for additional evidence (RFE), or processing delays at USCIS.

Do I need to maintain my H1B status while my Green Card application is pending?

Yes, it’s important to maintain valid H1B status to ensure you remain legally in the US during the entire Green Card application process.

What should I do if my PERM Labor Certification is denied?

If your PERM is denied, you can either file an appeal or reapply. It’s crucial to work with your employer and possibly an immigration attorney to address the reasons for denial before reapplying.

How long does a Green Card last?

Your Green Card lasts for ten years, at which point it may be renewed. There is no limitation on how many times you can renew your Green Card, provided you remain eligible.

Section J: Glossary

Author

Nita Upadhye

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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