Can Someone with an H1B Visa Also Apply for a Green Card in the United States?
Yes, someone with an H1B visa can apply for a Green Card in the United States. This process allows foreign nationals under temporary immigration status to transition to a permanent resident status, provided their employer supports the application.
Dual Intent Visa and H1B
Most nonimmigrant visas have a dual intent policy which means they include the possibility of applying for a Green Card. One notable exception is the H-1B Specialty Occupations Visa, which explicitly allows H1B holders to apply for lawful permanent residency while employed in the US.
Transitioning to Green Card
There are several employment-based visa categories available for H1B visa holders to transition to a Green Card:
EB-1 Visa: For professionals with extraordinary ability, outstanding professors, and multinational executives. EB-2 Visa: For workers with advanced degrees and individuals with exceptional abilities. EB-3 Visa: For skilled workers, professionals, and eligible unskilled workers.Employer Sponsorship and PERM Labor Certification
Before filing an application for a Green Card, H1B visa holders must find a US employer to sponsor their application. The US employer must first apply for a PERM Labor Certification.
The PERM process involves:
Job announcement in local newspapers and various online job boards. Available US workers search. and securing a job offer for the foreign worker.After obtaining the PERM approval, the employer can file Form I-140, Immigrant Petition for Alien Worker.
Form I-140 Immigrant Petition for Alien Worker
Form I-140 requires the employer to demonstrate that they can pay the necessary salary for the job position. Once the application is submitted, USCIS reviews it, and upon approval, an Approval Notice is issued.
Receiving approval for the Form I-140 does not automatically grant permanent residency. Further steps include:
Filing Form I-485, Application to Register Permanent Residence or Adjust Status. Responding to any further USCIS requests for additional documentation.Adjusting Immigration Status with Form I-485
Once the application for the Form I-485 is submitted, the priority date is established. This priority date must become current before the applicant can adjust their immigration status.
After the priority date becomes current, the applicant can proceed with the green card application process. If approved, the applicant will receive their Green Card and become a permanent resident of the United States.
Understanding the legal and administrative procedures involved in applying for a Green Card while holding an H-1B visa can be complex. Consulting with an experienced immigration attorney can be invaluable in ensuring a successful application.