If you’re working in the U.S. on an H-1B visa and want to make your stay permanent, you’re not alone. The path from an H-1B to a green card is one of the most common ways skilled professionals secure lawful permanent residency. While the process has multiple steps and requires patience, it’s entirely achievable with the right guidance.
How Long Does It Take to Get a Green Card from H-1B?
The timeline for H1B to green card varies based on several factors, including your country of birth, the employment-based category you qualify for, and government processing times. On average, the transition takes anywhere from one to several years.
A few factors that can speed up or slow down the process include:
- Your priority date – This is the date your employer files a labor certification (PERM) or I-140 petition. The earlier the date, the sooner you can move forward.
- Country of birth – Applicants from countries with high demand, like India or China, often face longer wait times due to annual visa limits.
- Green card category (EB-2 vs. EB-3) – EB-2 (for those with advanced degrees or exceptional ability) usually moves faster than EB-3 (for professionals, skilled, and unskilled workers), but this isn’t always the case.
- USCIS and Department of Labor (DOL) processing delays – Each agency has its own backlog, and these can impact how fast your application moves.
- Employer and job status – Your employer must stay committed to sponsoring you, and your job must remain stable throughout the process.
The Step-by-Step Process to Get a Green Card from an H-1B
1. Find Out if You Qualify for an Employment-Based Green Card
Most H-1B holders apply for a green card through their employer under the EB-2 or EB-3 category. These categories require employer sponsorship, meaning your employer must file paperwork and support your petition.
In rare cases, individuals may qualify for a National Interest Waiver (NIW) under the EB-2 category, which allows them to self-petition without an employer. However, this is typically reserved for those with exceptional abilities or whose work significantly benefits the U.S.
2. PERM Labor Certification (For Most Applicants)
For employer-sponsored green cards, the first step is the PERM labor certification process, handled by the Department of Labor (DOL). The goal of PERM is to show that hiring a foreign worker will not negatively impact U.S. workers.
This step involves:
- Recruitment efforts – The employer must prove there are no qualified U.S. workers for the position.
- Prevailing wage determination – The DOL determines the minimum salary the employer must pay based on location and job role.
- Filing Form ETA 9089 – Once recruitment is complete, the employer submits this form to request certification.
PERM processing times vary, but it generally takes several months to over a year, especially if the case is audited.
3. Filing the I-140 Immigrant Petition
After the PERM certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This step confirms that:
- The employer can afford to pay the required wage.
- The worker meets the qualifications for the job.
- A visa is available for the applicant based on their priority date.
I-140 petitions can take six months or longer to process, but premium processing is available for an additional fee, reducing the timeline to 15 days.
4. Waiting for a Green Card Number to Be Available
The U.S. limits the number of employment-based green cards issued each year, with per-country caps. If demand is high, applicants must wait for their priority date to become current in the Visa Bulletin published by the U.S. Department of State.
- If a green card is immediately available, applicants can proceed to the next step right away.
- If demand exceeds the supply, applicants must wait until their priority date is current.
Wait times can vary significantly based on the applicant’s category and country of birth. Some applicants move forward in months, while others may wait years.
5. Filing for Adjustment of Status (I-485) or Consular Processing
Once a green card is available, the final step is applying for permanent residency. This can be done in two ways:
Adjustment of Status (Form I-485) – If the applicant is already in the U.S. on H-1B, they can apply for a green card without leaving the country.
Consular Processing – If the applicant is outside the U.S., they must attend an interview at a U.S. consulate in their home country.
During this stage, applicants may also apply for Advance Parole (travel permit) and Employment Authorization (EAD) while waiting for approval. Once approved, they receive their green card, officially granting them permanent residency.
Maintaining H-1B Status While Waiting for a Green Card
Since the green card process takes time, many applicants extend their H-1B visa while waiting. H-1B visas are typically capped at six years, but there are exceptions:
- If your PERM or I-140 has been pending for over a year, you may qualify for one-year extensions beyond the six-year limit.
- If your I-140 is approved but you’re waiting for a visa number, you may qualify for three-year extensions.
H-1B extensions ensure you can continue working legally in the U.S. while your green card application is in progress.
What Happens If You Change Jobs?
If you change employers before your I-140 is approved, you usually have to restart the entire process, including PERM. However, if your I-140 is approved and 180 days have passed, you may transfer your priority date to a new employer and continue with the green card process.
To do this, the new employer must file a new PERM (if required) and I-140, but you don’t lose your original priority date. This helps avoid starting from scratch, especially for applicants from countries with long wait times.
Can You Apply for a Green Card Without Employer Sponsorship?
Most H-1B workers need employer sponsorship, but there are a few exceptions:
National Interest Waiver (NIW) – EB-2
If you can prove that your work is in the national interest of the U.S., you may qualify to self-petition.
Extraordinary Ability (EB-1)
Individuals with significant achievements in their field may apply under the EB-1 category without needing an employer.
These paths require strong evidence, including publications, awards, and letters of recommendation, to demonstrate eligibility.
Is the H-1B to Green Card Process Worth It?
While the process requires effort and patience, obtaining a green card provides significant benefits:
- Freedom to change jobs – No more restrictions tied to an H-1B employer.
- Permanent stay in the U.S. – No need for visa renewals or sponsorship.
- Path to U.S. citizenship – After five years as a green card holder, you may qualify for naturalization.
- More flexibility for family – Spouses and children can also obtain green cards.
For many professionals, the H-1B to green card journey is a long one, but the rewards make it a worthwhile investment. With the right approach and a clear understanding of the process, permanent residency is well within reach.