H-1B to Green Card: Guide to Process, Timeline & Alternatives

If you’re an H-1B visa holder, you may be looking for a way to transition from temporary status to permanent residency. The good news is that the H-1B visa allows dual intent, meaning you can apply for a green card while continuing to live and work in the U.S. In this guide, we’ll walk you through the entire H-1B to green card process, from eligibility requirements and processing times to key steps that can improve your chances of approval.

• H-1B to Green Card Process
• H-1B to Green Card Processing Times
• H-1B to Green Card Fees
• Your Green Card Options
• When to Apply for a Green Card After H-1B
  

In the video below, VisaNation Attorney Shilpa Malik discusses the different immigration pathways to transition from an H-1B to a green card and what changes current H-1B holders should be aware of.

H-1B to Green Card Process

Learn the steps to obtain a green card if you are currently on an H-1B visa:

Step 1: Find a Qualified U.S. Employer to Sponsor Your Application

• You need an employer willing to sponsor your green card under an employment-based category such as an EB-2 or EB-3.
• This can be your current H-1B employer or a new one. However, not all employers or job positions qualify, so ensure your employer meets sponsorship criteria and your role aligns with green card requirements. You may need to switch jobs or take on more responsibilities to qualify.

Tip: If qualified, the EB-2 has an advantage over the EB-3 in terms of shorter wait times. Additionally, start planing early, as labor certification and I-140 approval can take several months.

Step 2: Employer Files PERM Labor Certification

What is PERM?

The Program Electronic Review Management (PERM) process ensures that no qualified U.S. workers are available for the job.

PERM Involves:

1. The employer conducts an extensive recruitment process to confirm that no qualified U.S. workers are available.
2. The employer agrees to pay the prevailing wage for the position.
3. The employer files ETA Form 9089 with the Department of Labor (DOL).

PERM Approval times:  14-15 months

Common Issues for PERM Labor Certification

• Department of Labor audits can delay processing even further. It’s crucial to ensure compliance with recruitment rules and accurate documentation.
• Denial due to job description inconsistencies. Working with an immigration attorney to structure job descriptions properly can reduce these errors.

Step 3: Employer Files Form I-140 Immigrant Petition for Alien Worker

Purpose:

• Demonstrates you are eligible for an employment-based green card.
• Establishes your priority date (your place in the green card queue).

Filing I-140 involves:

1. Once the PERM is approved, your employer must file a Form I-140 petition for alien worker.
2. Your employer must demonstrate they are in good financial standing to demonstrate their ability to pay the salary for the job position.
3. The petition must be submitted with the approved PERM certification and filing fee.
4. If approved, USCIS issues an Approval Notice, allowing you to proceed. Keep in mind that an approved I-140 doesn’t mean your status has been adjusted from nonimmigrant to immigrant. You will need to wait until the end of the 5th step, which is I-485 petition approval.

Important Note: An approved I-140 does not grant you green card status. You must wait until Step 5 (I-485 approval) to officially adjust your status from nonimmigrant to immigrant.

I-140 Processing Time:

• Regular Processing: 5.5-8.5 months based on current USCIS processing times.
• Premium Processing: 15 calendar days after confirmation of receipt (optional, $2,805 fee).

Step 4: Wait for Your Priority Date to Become Current

Your priority date determines when you can apply for a green card, based on the Visa Bulletin issued monthly by the U.S. Department of State.

How to Check Your Priority Date:

1. Visit the Visa Bulletin.
2. Compare your priority date to the latest cutoff dates.

What If Your Priority Date Retrogresses?

Priority date retrogression can happen when the cut-off date for a visa category moves backward, causing increased wait times for applicants. This happens when more people apply for visas than are available.

• If the Visa Bulletin moves backward, your application will be delayed.
• Consider alternative visas (EB-1, NIW, etc.) to expedite the process.

Step 5: File Form I-485 Application to Register Permanent Residence or Adjust Status

Once your priority date is current, you can apply for an adjustment of status by submitting the I-485 form with the USCIS. If it is approved, then you will receive your green card!

Required Documents:

• I-485 application form
• Medical examination records
• Employment verification letter
• Proof of lawful status (H-1B approval notices, pay stubs)

Processing Time:

• 8-38 months (varies by service center).
  • Check the USCIS processing times for exact details.

Key Considerations Before Filing I-485

• Adjustment of Status: Foreign nationals may extend their H-1B status in one-year increments if their Labor Certification or I-140 was filed 365 days before reaching the six-year H-1B limit (accounting for recaptured time abroad).
• If Priority Date Is Not Current: If you have an approved I-140, but your priority date is not current (or if your Labor Certification has been pending for a year), you qualify for unlimited H-1B extensions until your priority date is current.
• Check your I-797 Approval Notice from USCIS for your priority date.

Maintaining Status While Green Card is Processing:

To remain in lawful immigration status while transitioning from H-1B to green card (EB-2/EB-3):

• File I-485 after USCIS approves your employer’s I-140.
• In some cases, concurrent filing of I-485 and I-140 is allowed to speed up processing.
• Avoid gaps in status by extending the H-1B until green card approval.

Step 6: Attend the Green Card Interview With the USCIS Officer

What to Expect:

• The interview will occur at a local USCIS office.
• The USCIS officer reviews your application and employment history and verifies intent.

Tip: Bring copies of all submitted documents.

Common Interview Questions:

• What does your company do?
• What specific role will you be performing within the organization?
• How do your educational background and work experience align with the requirements of this position?

To learn more about questions, you can view our green card interview guides for EB-2 and EB-3 Visas.

Step 7: Receive the Approval Notice and Green Card in the Mail

If approved, you will receive an Approval notice online via the USCIS case status tool. Your Physical green card will be mailed within a few weeks.

What’s Next?

• Start tracking eligibility for U.S. citizenship (typically after 5 years).

If you need support transitioning to a Green card, VisaNation attorneys can provide expert guidance and help you with your case. 

Contact Us

H-1B to Green Card Processing Times

The H-1B to green card timeline in 2025 is approximately 2.3–5.1 years. The timeline for obtaining a green card through the EB-2 or EB-3 category while on an H-1B visa can vary significantly based on:

• Your country of birth
• Whether you are applying for an EB-2, EB-3, or other category
• Visa bulletin priority dates
• Processing times for various phases of the process.

Here’s a general estimate of the various stages:

The PERM Labor Certification Processing Time – 14-15 months

The PERM labor certification may be delayed if the Department of Labor conducts an audit. For this reason, it’s crucial to submit all appropriate evidence. Working with an experienced attorney can support this.

The I-140 Petition: 5.5–8.5 months

• Premium processing can reduce this significantly to 15 days and has a fee of $2,805.

Waiting for Priority Date to Become Current – Varies greatly

• This step depends on your country of birth and visa category.
• India Estimate→ About 11-12 years backlog
• China Estimate  → About 4-4.5 years backlog
• See the most recent visa bulletin to see where your priority date falls.

I-485 Adjustment of Status – 8-38 months

• The I-485 Adjustment of Status processing time is between 8 and 38 months (varies by USCIS service center’s workload). See the current wait times for each center.
• If the priority date is current, concurrent I-140 and I-485 filing can speed up the process.

Total time (If No Delays and Priority Date is Current)

• Without premium processing: 2.3–5.1 years
• With premium processing: 22–53 months 1.8–4.4 years

Ultimately, the processing times vary greatly. An EB-2 applicant from Mexico may be able to transition from H-1B to green card status much faster than an Indian EB-3 applicant, who will most likely find themselves waiting over a decade for their green card to process.

To get a better grasp of waiting times for your particular situation, consult with an immigration attorney.

H-1B to Green Card Fees

The fees associated with getting a green card will vary depending on the path but these are some possible fees:

Form I-140 (Immigrant Petition for Alien Worker) Fee

• $715 for standard filing paid by the employer.
• $2,805 total if you choose premium processing ($715 + $2,806 for expedited processing in 15 calendar days).
• Asylum Program Fee: $600 (required for most employers).
  • Nonprofits: $0
  • Small Employer or self-petitioner: $300

I-485 Adjustment of Status Fee

• $1,440 (for applicants aged 14-78). Paid by applicant.

Labor Certification Fee (if applicable)

• Varies depending on the advertising and recruitment methods.

Medical Examination Fee

You may be required to undergo an exam and receive vaccinations against vaccine-preventable diseases for the green card application and fees vary.

• Rates vary by designated physicians (“civil surgeons”)
• Many civil surgeons do not accept insurance; and
• Insurance may not cover many portions of an immigration medical examination.

Translation and Document Costs: If any documents need translation or if additional documentation is required, there may be associated costs.

Attorney Fees:

Attorney fees can vary depending on the lawyer and green card category. Reach out to your attorney to learn the relevant fees.

Your Green Card Options After H-1B

There are several different avenues you can take after being on the H-1B visa:

• EB-1 – Reserved for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers.
• EB-2 – Requires either an advanced degree or exceptional ability in your field.
• EB-3 – Includes skilled workers, professionals with bachelor’s degrees, and other workers with less than two years of experience.
• Family-Based Green Cards – If you have close family members who are U.S. citizens or permanent residents, they may be able to sponsor you for a family-based green card.
• EB-5 – Requires a significant investment in a new commercial enterprise that creates jobs in the U.S. It can lead to a green card for the investor and their immediate family.
• Diversity Visa Lottery – This is a random lottery that provides a limited number of green cards to nationals of countries with low rates of immigration to the U.S.

If you need support transitioning to a Green card, VisaNation attorneys can provide expert guidance and help you with your case. 

Contact Us

When to Apply for a Green Card After H-1B

As an H-1B holder, you can start your status adjustment to green card status as soon as your employer is ready to sponsor you. Each year, there are tens of thousands of employment-based green card applications are submitted for processing.

This process involves various organizations, including the Department of Labor (DOL) and the United States of Citizenship and Immigration Services (USCIS). On average, the DOL process takes about 6 months, and the USCIS process also takes several months.

A look into the DOL statistics for PERM Labor Certification FY 2025 Q1 shows the top 10 occupations included:

• Software Developers 21.2%
• Computer Systems Analysts 3.8%
• Fast Food Workers 3.4%
• Medical & Clinical Lab Technologists 2.9%
• Data Scientists 618 2.7%
• Meat, Poultry, & Fish Cutters & Trimmers 2.7%
• Software QA Analysts & Testers 2.2%
• Landscaping & Groundskeeping 2.1%
  Electronics Engineers Except Computer 2.0%
• Industrial Engineers 2.0%

Tip: Preparation work should be started as early as possible. You should also factor in the possibility of an audit review of your application, which can further extend the processing time to more than a year. For this reason, it may be costly to delay your application, as you could be out of status if your H-1B expires when you haven’t commenced your green card application process.

Benefits of the H-1B Visa for Transitioning to a Greencard

Some temporary visas lock you into the same status when it comes time for renewal. Others only allow you to switch to a different temporary status. And for some, there’s no option at all—once they expire, you have to leave the U.S.

That’s where the H-1B stands out. Unlike many other nonimmigrant visas, it offers flexibility. You can renew it, transfer it to another employer, or even transition to a green card in many cases. This makes it one of the most versatile options for skilled workers looking to stay in the U.S.

Adjustment of status

Individuals under H-1B or L-1 status are frequently eligible to apply for a green card for the right to live and work permanently in the United States. This process is known as adjustment of status. Obtaining an employment-based green card consists of multiple steps and a specific application process.

Going through the employment-based green card process while under H-1B status has many benefits, especially if you have an approved I-140.

If you need support transitioning to a Green card, VisaNation attorneys can provide expert guidance and help you with your case. 

Contact Us

Regaining H-1B Status After Expiration

If your H-1B status has expired, and you want to try to regain it, there are a few options. USCIS may allow you to extend your status (under section 214.1(c)(4) regulation 8 C.F.R. if you meet their criteria:

• The applicant or petitioner was delayed in filing the extension due to extraordinary circumstances outside his or her control.
• The alien hasn’t violated their nonimmigrant status, remains a bonafide non-immigrant and is not the subject of removal proceedings or deportation.

To learn more about this option, you can visit the USCIS website about extending your status. Find out if getting a promotion while on H-1B status will affect your green card.

EB-2 vs EB-3 Immigrant Visa

EB-2 and EB-3 visas are quite popular options for green cards:

Employment Second Preference (EB-2 Green Card Process)

The EB-2 green card is for professionals with advanced degrees or individuals with exceptional ability in the arts, sciences, or business.

What is required? 

Generally, a job offer and PERM labor certification from the Department of Labor (DOL) are required, with the U.S. employer filing an I-140 petition on behalf of the applicant. However, individuals may self-petition for an exemption from these requirements through a National Interest Waiver (NIW) if they can demonstrate that their work provides substantial benefits to the U.S.

The NIW is available to a wide range of professionals, including scientists, researchers, entrepreneurs, and business leaders. Applicants must provide strong evidence that their work is of national importance and that waiving the job offer and labor certification requirements would benefit the U.S. Those pursuing an EB-2 visa should consult with an EB-2 visa lawyer to identify which option would result in approval for your case.

Employment Third Preference (EB-3 Green Card Process)

The employment third preference category is for skilled workers, professionals holding bachelor’s degrees, and individuals and other workers that do not require specialized training and are not seasonal or temporary

What is required?

Third Preference applicants require an approved I-140 petition filed by the prospective U.S. employer, evidence of having experience in the desired field, and one of the following items:

• PERM Labor Certification
• Schedule-A Designation
• Evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program.

Skilled workers must have at least two years of experience in their relevant fields while unskilled workers may suffice with on-the-job training and the ability to perform unskilled labor. It is important to note that the “unskilled workers” subcategory has a different set of priority dates from the other EB-3 subcategories.

If you are making the transfer from H-1B to green card status, then your employer should have already obtained a PERM Labor Certification on your behalf.

If you need support transitioning to a Green Card, VisaNation attorneys can provide expert guidance and help you with your case. 

Contact Us

H-1B to Citizenship

 The process to become a citizen goes like this:

1. Obtain a Green Card – Secure lawful permanent residency through an employment-based green card (EB-2 or EB-3).
2. Meet Residency Requirements – Hold a green card for 5 years (or 3 years if married to a U.S. citizen) or qualify through U.S. military service.
3. Apply for Naturalization – Submit Form N-400 and attend a biometrics appointment if required.
4. Complete the Citizenship Interview & Test – Demonstrate proficiency in English and pass a civics test covering U.S. history and government.
5. Take the Oath of Allegiance – Upon approval, attend a naturalization ceremony to officially become a U.S. citizen.

H-1B to Green Card Denial

The H-1B to green card application is a long process with various steps. While all beneficiaries and petitioners want a smooth process all through, this is not always the case.

There is a possibility of facing a denial at any of the stages. For instance, your PERM labor certification application can be denied by the DOL. Also, the USCIS has all the right to deny your status adjustment petition if they deem it fit.

In the past few years, the denial rate for employment-based green card applications has been increasing. It is, therefore, important to ensure strict compliance with the instructions while filing your application. H-1B to green card application can be denied for many reasons, which include:

• Health-related issues from your immigration medical examination results
• Past criminal record
• Violation of your immigration status
• You do not have enough supporting evidence required for the category you choose
• Failure to meet the work experience and academic qualification requirements
• Not filing your petition properly
• Employer’s inability to prove the ability to pay the required salary

What to Do If Your Application is Denied

Receiving a green card denial notice isn’t the end of your application process except you don’t want to push further. There are a few options to explore to see if you could get the decision overturned. You can request a motion to reconsider or file an appeal.

A motion to reconsider can be filed if you and your attorney are certain that the denial was made in error by the evaluating officer in charge of your petition. You will need to back it up with strong evidence. An appeal means you want a higher authority to take another look at the case. 

The case may be reviewed by three different parties, including the officer who made the first decision, the Administrative Appeals Office (AAO), and the Board of Immigration Appeals (BIA). Motions and appeals can be somewhat complex and time-consuming, but they are routes worth taking, especially if you are sure you provided all the required documentation.

Frequently Asked Questions: