You’ve worked in the United States for a few years and have now decided to begin the process to apply for a Green Card. Congrats!

For H-1B visa holders, the Adjustment of Status process has several aspects that the applicant should consider. Your successful request may be impacted by your country of origin, the type of work that you do, and is at the discretion of the reviewing official. 

Is it Possible to Transition from H-1B Visa to a Green Card?

Yes, it is. 

A H-1B visa is considered a dual intent visa. Basically, there is an assumption that individuals applying for this visa will eventually make a couple of personal determinations.

The first is whether or not they should continue to pursue a professional career in the United States. This decision impacts important choices, including if they would like to deepen their community connections, marry, and when and where they’d like to have future children, if applicable. 

These are determinations that international professionals working abroad grapple with all the time. The next question is how long this type of request takes. For some applicants, it can take up to 2 years to receive a final determination. For some, this timeline may affect their willingness to start the process. How Long Do You Have to Live in the US to Be Eligible for a Green Card?

This question may be impacted by an employee’s agreement with the employer that sponsored your H-1B visa.

Key considerations to bear in mind when making the transition from H-1B to Green Card status:

• Do you work with a qualifying employer in a role where they would facilitate this request on your behalf? The PERM Labor request that your employer went through should verify that they’re a qualifying employer. 
  

• Would you like to change employers? If so, does your new employer meet the criteria to have you as an H1-B worker and to help you with this change in status?
  

• How flexible is your timeline? 
  

The timeline to transition from H1-B to Green Card varies depending on a variety of external factors. For more guidance on timing, it’s important to work with an immigration lawyer that can work with you through the process. 

H-1B to Green Card Process: Key Steps

There are several steps that applicants must take in order to request their Green Card.

What can be challenging about the application process is that your employer facilitates much of it so, essentially, most of it is outside of your hands. 

1. The company that you would like to work for will need to submit a PERM Labor Certification request. This request certifies that no US-based applicant was negatively impacted by your employment. This process also reviews your wage with the intention of making sure that it’s fair and equitable.
   

2. The I-140 Immigration Petition for Alien Worker also takes some time. This petition is filed on behalf of the applicant by their employer.
   

3. Your priority date (the date that your application has been received) is set after the receipt of your I-140 petition. Applicants can think of this date as the countdown to receiving final confirmation of their change in status request. 
   

Applicants may also need to attend an in-person interview as part of their request. 

H-1B to Green Card Timeline

• The PERM Labor Certification processing timeline varies depending on a variety of factors. While there is no stated timeframe for this process, many immigration resources mention an average of 6 months for the process to be completed.

• I-40 Immigration Petition for Alien Worker: Regular processing time can last up to a little over a year based on the center processing your request. You can check your case’s processing status as well. 

• The I-148 Adjustment to Status request can range in processing times, based on where your case is being adjudicated. The California Service Center can take up to 65 months or 5 years to complete processing your request according to the USCIS processing timelines. 

• The I-797C Notice of Action basically confirms receipt of your visa request. The USCIS website doesn’t provide an exact timeframe for when you’ll receive your I-797C. However, it shouldn’t take more than 2-3 weeks from the time you send in your paperwork.  

H-1B to Green Card Fees

Before starting your change in status request, it may be a good idea to research the different fees associated with this.

• Legal Fees: It’s a good idea to work with legal representation. Your fees may vary depending on the type of legal guidance you need. 

• Premium Processing: If you opt for this fee, it’s possible that you as the employee may be responsible for this. It currently ranges between $1440-$2500, with some exceptions. Basically, you’re making a request to expedite your visa processing.

• Basic Filing Fee: $400. Typically, the employer would be responsible for this expense.

If you’re looking to transition from an H1-B visa to Green Card status, the earlier you begin researching the logistics the better.

Please note that there are external variables that may impact the time to process your request. Those variables may be changes in presidential administration, changes to the number of Green Cards issued, or even a pandemic.

Applying for changes in immigration status takes time, patience and some research. Do your research before you begin and good luck!