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.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The H-1B visa is a gateway to opportunities for Turkish professionals aiming to build a career in the United States. However, there are specific considerations Turkish experts should keep in mind during this process. In this article, I will share insights into which occupations qualify for this visa and which are most quickly approved. Here are the topics I’ll be covering to help you successfully navigate your application:

• H-1B Visa: Your Key to Working in the U.S.
• Jobs You Can Work with an H-1B Visa
• H-1B Visa Basic Fees
• Working in the U.S. with an H-1B Visa: Advantages

I’ll address the above topics in detail, but if you have additional questions, feel free to ask in the comments section of this blog or reach out via our website. For inquiries on other topics, you can also connect with me directly on LinkedIn.

H-1B Visa: Your Key to Working in the U.S.

The H1B visa provides temporary work authorization for foreign professionals seeking employment in specialized fields in the United States. While it is most commonly associated with STEM fields (Science, Technology, Engineering, and Mathematics), it also offers opportunities in other sectors such as healthcare, finance, and academia.

How Long is the H-1B Visa Valid?

The question of how long the H-1B visa is valid is an important one, as it helps determine how long you can continue your career in the United States. Initially, the H-1B visa is issued for a period of three years. However, it can be extended up to six years when necessary. Additionally, you have the opportunity to transition your H-1B visa to a Green Card with the help of your sponsor, granting you permanent residency in the U.S.

Jobs You Can Work with an H-1B Visa

Knowing which professions qualify for the H-1B visa is crucial for navigating the application process effectively. Here are some of the key H-1B visa jobs:

1. Technology and Software Industry

One of the most in-demand fields in the U.S. is the technology sector. Key professions in this industry include:

• Software Engineer
• Data Scientist
• Artificial Intelligence Specialist
• Cybersecurity Analyst

Tech giants like Google, Amazon, and Microsoft hire thousands of professionals in technology-related fields annually through the H-1B visa program. For experts in these areas, building strong connections with these companies can significantly streamline the application process.

2. Engineering Fields

The demand for engineering professionals in the U.S. has grown due to infrastructure projects and industrial development. This provides opportunities for experts in engineering to apply for the H-1B visa. Key specialties in this field include:

• Chemical Engineer
• Electrical Engineer
• Mechanical Engineer
• Civil Engineer

3. Healthcare

The healthcare sector is one of the most critical industries in the U.S., as it is globally. This creates opportunities for healthcare professionals to apply for the H-1B visa. Key roles in this sector include:

• Doctors
• Nurses
• Biomedical Researchers
• Medical Technology Specialists

4. Finance and Business

International companies in the U.S. place significant value on skilled professionals in finance and business. Experts in these fields can secure opportunities to work in the U.S. through the H-1B visa. Prominent roles in this sector include:

• Financial Analyst
• Accounting Specialist
• Business Strategist
• Project Manager

5. Academic Fields

The U.S. is a global hub for academic and research projects, offering significant opportunities to professionals in these areas through the H-1B visa. Individuals with the following titles are particularly sought after:

• University Professors
• Research Assistants
• Academic Advisors

Which Professions Get Approved Faster?

Certain H-1B visa occupations are prioritized and receive approvals more quickly. Here are the professions and the reasons they often experience expedited processing:

• Software Developers and Data Scientists: The technology sector leads in H-1B visa approvals due to high demand.
• Healthcare Professionals: Doctors and nurses are prioritized because of the critical healthcare needs in the U.S.
• Engineers: Electrical and civil engineers often have high approval rates due to their vital role in infrastructure and development projects.
• Researchers: Professionals working in universities and private research institutions frequently benefit from expedited processing due to their contributions to academia and innovation.

H-1B Visa Basic Fees

The H-1B visa fees are primarily the responsibility of the employer. While applicants are expected to cover personal expenses, the official procedural costs are borne by the sponsoring employer. These costs include:

• Application Fee: $460
• Anti-Fraud Fee: $500
• Education and Workforce Fee: $750–$1,500 (varies based on employer size)
• Premium Processing Fee: $2,500 (optional for expedited processing)

Employers are legally prohibited from passing these costs onto the employee. Regulations clearly state that sponsors must cover these expenses. For a more detailed breakdown of H-1B visa cost, refer to our article, “How Much Does H-1B Visa Cost? (Detailed Pricing).”

Working in the U.S. with an H-1B Visa: Advantages

Holding an H-1B visa offers several benefits for professionals working in the United States, including:

• International Career Opportunities: Access to unparalleled opportunities in the global job market of the U.S.
• Family Accompaniment: H-1B visa holders can have their spouses and children join them in the U.S. under the H-4 visa.
• Professional Development: Extensive opportunities for academic and career growth.

The advantages of the H-1B visa go beyond these. It also allows you to apply for a Green Card. With employer support, you can begin the process to secure permanent residency while working legally in the U.S. Once you obtain a Green Card, you gain permanent residency and the ability to apply for U.S. citizenship.

In this article, I have explored key professions eligible for the H-1B visa. If you have any questions about this topic, feel free to leave a comment on this blog or contact us through the official CK Law Firm website. For discussions on specific topics, you can also reach out to me directly on LinkedIn.

Asım Kılınç, Immigration Attorney, CK Law Firm

With the H1B visa, professionals can take their expertise global and gain temporary work visa authorization in the United States. Designed specifically for individuals working in specialized fields, this visa can be obtained with proper planning and documentation. In this article, I will explore the following topics related to the H-1B visa:

• What is the H-1B Visa, and Who is It For?
• How to Obtain an H-1B Visa: Step-by-Step Process
• H-1B Visa Application Dates and Quotas
• Special Documents Required for the H-1B Visa
• What You Need to Know About Working with an H-1B Visa

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.

What is the H-1B Visa, and Who is It For?

The H-1B visa is a temporary work visa designed for professionals seeking employment in specialized fields in the United States. It typically targets individuals working in areas requiring technical expertise or specialized knowledge, such as software development, engineering, medicine, and finance.

H-1B visa holders are initially granted a three-year work authorization in the U.S., which can be extended to a maximum of six years without reapplying. To qualify for an H-1B visa, you must have a job offer from a U.S.-based company that agrees to sponsor your application.

How to Obtain an H-1B Visa: Step-by-Step Process

Applying for an H-1B visa involves a series of procedures. By following the essential steps, you can secure a work visa and continue your professional journey in the United States. Here are the key steps in the process:

1. Secure a Job Offer from a U.S. Company

The first and most crucial step is obtaining a job offer from a U.S.-based company. The company will act as your sponsor, initiating the temporary work visa application process on your behalf. Therefore, securing a job offer is the starting point for applying for a work visa. For more details, you can refer to our article, “Guide to Finding an H-1B Visa Sponsor“

2. Obtain Labor Condition Application (LCA) Approval

Your employer must acquire an LCA from the U.S. Department of Labor. This document certifies that the job has been designed in a way that does not negatively impact U.S. workers and ensures fair conditions for the sponsored employee.

3. Prepare and Submit Form I-129

Your employer will file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on your behalf to initiate the H-1B application process. This form includes details about your job offer, whether the position requires specialized knowledge, and the salary you will receive. Accurate and complete submission of this form is crucial for the success of your application.

4. Pay the Application Fees

The costs associated with the H-1B visa application are covered by your employer. These fees vary depending on the type of application but typically range from $750 to $4,500. The required H1B visa fees are:

• Application Fee: $460
• Anti-Fraud Fee: $500
• Education and Workforce Fee: $750–$1,500 (based on the size of the employer)
• Premium Processing Fee (optional): $2,500 (for expedited processing)

It is the employer’s responsibility to cover these costs, ensuring the application is filed correctly and promptly.

5. Attend the Consulate Interview

Once your application process is complete, you must attend an interview at the U.S. consulate. During the interview, you will be asked questions about your job offer, documentation, and the purpose of your visa. To ensure a smooth interview experience, it is essential to:

• Prepare all required documents thoroughly and ensure they are complete.
• Practice your responses to potential questions in advance.

Being well-prepared will increase your confidence and improve the chances of a successful interview.

H-1B Visa Application Dates and Quotas

The H-1B visa application period follows a specific annual timeline, typically starting in the first week of April. Applications remain open until the predetermined cap is reached. The U.S. allocates its annual H-1B visa cap to accommodate 85,000 professionals, distributed as follows:

• 65,000 Visas: Reserved for standard applications.
• 20,000 Visas: Allocated for applicants holding a master’s degree or higher.

Due to the rapid filling of these quotas, it is crucial to submit your application as early as possible. Additionally, ensuring that all required preparations are completed before the application period begins is essential for a smooth and timely submission.

Special Documents Required for the H-1B Visa

Preparing the special documents is a critical part of the H-1B visa application process. Missing or incomplete documentation can result in delays or even denial of your visa. To avoid such issues, ensure the following documents are ready:

• Passport: A valid passport that has not expired.
• Diploma and Academic Transcripts: Graduation certificate and transcripts from your educational institution.
• Employer Offer Letter: A formal document detailing the job offer provided by your employer.
• LCA (Labor Condition Application): An approved certification obtained by the employer.
• Form I-129: The primary form used for the H-1B visa application process.
• Photograph: A biometric photo meeting U.S. visa standards.

Foreign professionals must ensure that their documents are accompanied by notarized English translations. Therefore, it is essential that all your documents are prepared in English to meet the H-1B visa application requirements.

What You Need to Know About Working with an H-1B Visa

As an H-1B visa holder, you are legally authorized to work in the United States and, under certain circumstances, you can transition your visa to a Green Card. Additionally, your spouse and children can accompany you to the U.S. on an H-4 visa. Beyond this, the H-1B visa provides several other benefits:

• Protection of employee rights.
• The ability to change employers under specific conditions.
• Opportunities for academic and professional development.

The H-1B visa is a valuable opportunity for individuals aiming to build a career in the U.S. However, completing this process successfully requires careful planning. With the right documents, a qualified employer, and timely submission, you can obtain a temporary work visa.

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.