Can H1b Apply for Green Card? 

h1b to green card process

If you want to get a permanent residence in the United States, you must transfer your H1B visa to the green card. The H1B visa has several benefits and that’s why it is considered the popular United States work visa. One of the big benefits of an H1B visa is providing an opportunity to apply for a green card. Basically H1B visa is designed for a skilled person who wants to work and live in the United States for a long term basis.  


Can Holder of H1B Visa Apply for Green Card? 

In a nutshell, the answer to this question is the holder of an H1B visa can apply for a green card. One other term is used for an H1B visa, and that is “dual intent”, which means the holder of an H1B visa is eligible to apply for a green card. The H1B visa is the only visa that has this option as compared to other temporary visas. If you wish to stay in the United States for the long term, then you will have to apply for a green card.  


The H1B Visa: 

Anyone who wants to enter and work in the United States requires authorization from US immigration authorities. The H1B visa is especially for a skilled person who has a bachelor’s or master’s degree. The H1B visa provides an opportunity to get employed in the United States, initially for 3 years, however, that is extendable for 3 additional years. According to the requirement of an H1B visa, sponsorship belongs to the US employer. If the US employer fails to find the required talent for his company in the local market, then he may go for hiring a noncitizen through the H1B visa program.  


Benefits of H1B Visa: 

  • Due to the H1B visa holder of it can obtain a social security number. 
  • The holder of an H1B visa can open a bank account.  
  • The H1B visa makes it easy to get a driving license.  The holder of an H1B visa can buy or rent a car. 
  • Similarly, the holder can buy or rent a property.  


H1b to Green Card Process: 

The H1B to green card process is simple and straight, you must start the process as soon as possible. The H1B to green card includes four steps involved in order to apply for a green card. These steps are called green card process steps. 


1). Finding The US Employer: 

The first step of the H1B to green card process is to find a qualified US-based employer who is ready to sponsor you for getting your green card. The US-based employer will offer you a job position in his company that meet the requirement for an employment-based green card category. A US-based employer must be a sponsor under the U.S. employment-based green card categories. If you find your employer is not able to meet the criteria, you may change your employer by changing your job before starting the application process.  


2). Filing of PERM Labor Certification: 

Your employer must apply for a PERM labor certification for you in this step of the H1B to green card process. Your employer must determine the prevailing wage rate for your job position and also set your salary according to this rate. That is the requirement of PERM labor certification. The employer must follow a recruitment process in order to prove that there is no suitable person in the United States market with required ability for the company’s job position.  


There are three requirements for conducting the recruitment process: 

  • Posting a job position with the state workforce agency. 
  • Posting of job position in 2 Sunday newspapers.  
  • Some additional advertisements are also included.  


3). Submission of Form I-140:  

The third step of H1B to green card is that your employer should file Form I-140 after the approval of the PERM labor certification. Your employer must prove his financial strength for paying your salary for job position in Form I-140. Upon receiving your petition, USCIS (US citizenship and Immigration service) will issue a priority date to you.  


4). Submission of Form I-485:  

You can go for the next step after getting your current priority date. Now you can submit I-485 form to the USCIS for application of an adjustment of status. Upon approval of this form, you can get a stamp on your passport mentioning your change of status from H1b visa to green card. Later you will get your green card through the mail.  


These are the main steps involved in the H1B visa to green card process if you require any further detail or assistance, contact the professional immigrant team today.