H-1B To Green Card 2023 - The Ultimate Guide

H1B visa has multiple benefits that attract thousands of people to apply annually. One of its many benefits is H1B visa holders can apply for an employment-based green card to get permanent residence status. 

H1B visa holders who have begun their green card application process are able to request an additional year of extension until they receive the green card. Applicants need to keep in mind that the filing process for such an extension needs to happen by the end of the 5th year of H1B.

Find a Qualified Employer

Applying for a green card is not the easiest process. To begin the process of the green card application, foreign workers must find an employer who is willing to sponsor them and is qualified to do so at the same time. This can be either a current H-1B employer or a different employer. While both conditions are met, employers must also meet the following requirements:

1. Be able to pay the prevailing wage of the sponsored position

2. Go through the PERM recruitment process and prove that no American worker is willing or able to take the job

Note* Applicants may need to shift job positions or look for new employers if the current employer doesn’t meet these criteria.

If you have any questions regarding if your employer is qualified, welcome to consult our immigration lawyer.

H-1B to Green Card Application Process

Step 1: PERM Labor Certification To Be Filed By Your Employer

In the H-1B green card categories, the first step is for employers to apply for a Permanent Labor (PERM) petition. Achieving a PERM certification will require employers to set the prevailing wage for the position and pay no lower than this amount. The prevailing wage is the estimated salary compared to workers with similar roles and responsibilities in the same geographic area. In addition, employers will have to go through a PERM recruitment process to prove that there is no American worker willing or able to take the position.

Step 2: Submit Form I-140

Once the PERM petition has been approved, employers need to file I-140 Immigration Petition for Alien Worker as the next step. In form I-140, employers must prove they are in good financial shape and is capable of paying for the prevailing wage. Once USCIS approves and sends the approval notice, applicants can move to the next stage of the green card application process when their priority date becomes current. A priority date is a green card applicant’s place in line while their case is being processed by USCIS.

Step 3: Submit Form I-485

Once the priority date becomes current, meaning applicants have reached the front of the line, employers can submit the I-485 form to the USCIS. When USCIS approves, applicants will receive a stamp on their passport and receive their physical green card in the mail later. If you want to speed up the processing time, you can choose the premium processing service that shortens the processing to 15 calendar days.

Green Card Application Fees

• I-140 form: $700 (Paid by employer or employee)

• I-485 form: $1,140, plus $85 biometric service fee if the applicant is between 14 to 78 years old (Paid by employer or employee)

You can find the detailed H1B Application Fee here.

For detailed information, feel free to reach out to Xu Law Group and check out our H1B guide.

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