H1B to Green Card Process
Complete guide to transitioning from H1B visa to Green Card
Overview of the Process
The journey from H1B visa to Green Card typically involves several steps and can take several years. This guide will walk you through the entire process, including the different categories available and the requirements for each.
Employment-Based Green Card Categories
EB-2 Category
- For professionals with advanced degrees
- For individuals with exceptional ability
- Requires PERM labor certification
- National Interest Waiver (NIW) option available
EB-3 Category
- For professionals with bachelor's degrees
- For skilled workers
- For unskilled workers
- Requires PERM labor certification
PERM Labor Certification Process
- Job analysis and requirements
- Prevailing wage determination
- Recruitment process
- Documentation of recruitment results
- Filing of PERM application
I-140 Petition Process
After PERM approval, the employer must file an I-140 petition with USCIS. This step includes:
- Documentation of employer's ability to pay
- Evidence of employee's qualifications
- Required filing fees
- Premium processing option
Priority Dates and Visa Bulletin
Understanding priority dates and the visa bulletin is crucial:
- How priority dates work
- Checking visa bulletin monthly
- Understanding retrogression
- Planning for long wait times
Adjustment of Status (I-485)
Once your priority date becomes current, you can file for adjustment of status:
- Eligibility requirements
- Required documentation
- Medical examination
- Biometrics appointment
- Interview preparation
Timeline and Processing
Typical processing times for each stage:
- PERM process: 6-12 months
- I-140 processing: 4-6 months
- Priority date wait: Varies by category
- I-485 processing: 6-12 months
Important Considerations
- Maintaining H1B status during the process
- Portability under AC21
- Travel considerations
- Family members' status
- Cost considerations
Common Challenges and Solutions
- Priority date retrogression
- PERM audit responses
- RFE handling
- Status maintenance issues
Recent Changes and Updates
Stay informed about the latest changes to the green card process and immigration policies.