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Can the H1B U.S. Work Visa Be Converted to a Green Card?

Asım Kılınç, Immigration Attorney, CK Law Firm

For individuals aiming to work and establish a long-term life in the United States, the H1B U.S. work visa is a critical step. However, many wonder if the H1B visa can eventually transition into a Green Card after securing a work opportunity. In this article, I will explore the process of converting an H1B visa into a Green Card, along with the following topics:

  • Building a Career in the U.S. with an H1B Visa
  • What is a Green Card?
  • The Green Card Process
  • Is it Possible to Obtain a Green Card with an H1B Visa?
  • Tips for Transitioning from H1B Visa to Green Card

If you have questions beyond these topics, feel free to reach out through the comments section of this blog or via the CK Law Firm official website. For personalized inquiries or consultancy services, you can also connect with me directly on LinkedIn.

Building a Career in the U.S. with an H-1B Visa

The H-1B visa is a work visa designed for individuals seeking to work in specialized professions in the United States. It is commonly granted to professionals with expertise in fields such as technology, engineering, healthcare, and academia. Notable H-1B visa professions include software engineers, doctors, and university faculty members.

The H-1B visa process begins with sponsorship from a U.S. employer, granting professionals the right to work in the United States. However, it’s important to note that this visa is temporary. The answer to the question, “How long is an H1B visa valid?” is initially 3 years, with the option to extend it up to a total of 6 years. Furthermore, H1B visa holders have the opportunity to transition to a Green Card, securing permanent residency in the U.S.

What is a Green Card?

A Green Card is a document that grants individuals the right to live and work permanently in the United States. Officially known as “Permanent Resident Status”, it allows holders to reside and work in the U.S. without being tied to a temporary visa. Additionally, individuals with a Green Card can apply for U.S. citizenship after meeting certain requirements.

So, how can a Green Card be obtained? Here are the main pathways:

  • Family-Based Green Card: A program designed for close family members of U.S. citizens.
  • Employment-Based Green Card: The most common route for individuals with an H-1B visa.
  • Green Card Lottery (Diversity Visa): An annual program offering random selection opportunities for individuals from eligible countries.

The Green Card Process

The Green Card process involves several stages and often includes a lengthy waiting period. For those transitioning from an H1B U.S. work visa to a Green Card, the journey typically begins with employer sponsorship. The employer must complete critical steps, such as obtaining PERM certification and filing Form I-140.

What is PERM Certification?

PERM Certification is a process where the employer demonstrates that there are no qualified U.S. citizens or permanent residents available to fill the position for which you are applying. It certifies that the employer has completed fair recruitment processes and shows the necessity of hiring you for the role.

What is Form I-140?

Form I-140 is a petition submitted to USCIS (U.S. Citizenship and Immigration Services) by the employer, affirming their support for your Green Card application and their intention to employ you. This form also verifies the employer’s financial capability and that the job requirements align with the position being offered.

These two steps are fundamental in the Green Card process and must be completed thoroughly. Providing accurate information and documentation at each stage is crucial to increasing the likelihood of approval for your application.

Green Card Fees

The costs associated with a Green Card application are a significant part of the process. Here are the main expenses that applicants may encounter:

  • Filing Fees: These are fees required by USCIS to process the Green Card application and typically range between $1,200 and $1,500.
  • Biometric Processing Fee: An additional fee of approximately $85 is required for collecting biometric information, such as fingerprints and photographs.
  • Form I-485 Fee: Used for Adjustment of Status, this form is necessary for transitioning from a temporary status in the U.S. to permanent residency. The fee for this form is about $1,140 and must be paid for the application to be officially processed.

In employer-sponsored Green Card applications, some costs may be covered by the employer. However, the fees listed above are typically the applicant’s responsibility and are critical to the process. Paying these fees on time and in full ensures that the application proceeds without complications.

Green Card Application Dates

Green Card application dates are determined through the monthly Visa Bulletin published by the U.S. Citizenship and Immigration Services (USCIS). This bulletin provides detailed information on priority dates based on the applicant’s category and country of origin.

Applicants must carefully monitor the cut-off dates to ensure their applications can be processed. The Visa Bulletin helps you understand the current status of your application and allows you to regularly track your progress in the process.

While H1B visa applications typically begin in April each year, there is no fixed date for Green Card applications. Therefore, it is essential to regularly check for updates and announcements from USCIS.

Is it Possible to Obtain a Green Card with an H1B Visa?

H1B U.S. work visa holders can apply for a Green Card after working in the United States for a certain period. This process is typically initiated by the employer and is known as the Employment-Based Green Card (EB Green Card). The key stages of this process are as follows:

  • PERM Certification: In this step, the employer must demonstrate that the position was first offered to U.S. citizens or lawful permanent residents but no suitable candidates were found.
  • Form I-140: This form is submitted to USCIS (U.S. Citizenship and Immigration Services) by the employer to confirm the employee’s eligibility for a Green Card.
  • Waiting Periods: Processing times may vary depending on the applicant’s occupation or quotas based on their country of origin.

H1B U.S. work visa holders can initiate the Green Card process by following these steps. Proper planning and seeking professional guidance are critical to ensuring the successful completion of this transition.

Tips for Transitioning from H-1B Visa to Green Card

After securing an H1B U.S. Work Visa and paying the necessary H1B visa fees, professionals working in the United States can transition to a Green Card to establish permanent residency. Here are some key tips for a successful transition:

  • Plan Ahead: Start planning your Green Card journey early, ideally during the first few years of your H-1B visa. Early preparation can streamline the process.
  • Seek Expert Assistance: The Green Card process can be complex. Don’t hesitate to seek professional legal guidance to navigate the steps effectively.
  • Keep Your Documents Ready: Ensuring all required documents are prepared and submitted on time can help expedite the process.
  • Understand Quotas and Wait Times: Certain professions or nationalities may face longer wait times due to quotas. Being aware of these factors can influence your application strategy.

If you have any questions, feel free to leave a comment below this blog or contact us through our website. For personalized inquiries or to benefit from my consultancy services, you can also connect with me on LinkedIn.

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