In this article : 3 steps to get green card from H1B Visa.

Green Card Article Series

  1. How Long Does it Take to Get Green Card in USA for Eb1, EB2 and EB3 (this article)
  2. Green Card Steps for  EB2 and EB3 Explained  (this article)
  3. Green Card Visa Numbers availability for E1, EB2 and EB3
  4. US Green Card Waiting Time Based on Pending Applications
  5. Immigration Path : Steps for an F1 Visa to Become U.S. Citizenship

There are two three main ways to get to obtain Green Card in USA ( lawful permanent resident status)

  1. Family based
  2. Employment based Green card

This article will focus on the how to get green card for H1B and L1 employment based green card category.

If you are working in H1B Visa, then you will through the following process to get Green card.

Note : Green Card process is driven by Employer.

There are three stages for Green Card for EB2 and EB3.

  1. PERM/Labor Certification Stage
  2. I-140 Immigrant Petition Stage
  3. I-485 Adjustment of Status Stage

 steps to Green Card steps form h1b

Stage 1 : PERM Labor Certification

PERM/Labor Certification stage is the first step in the green card process.

PERM stands for Program for Electronic Review Management.

Why PERM?

During this step Employer have to prove that there are no qualified American Citizens for this positions and  foreign workers not taking jobs away from U.S. citizens.

Here is an interview of Typical PERM Process.

  • HR Manager inform Immigration Attorney about filing Green Card for specific employee.
  • Initial Meeting : Manager, employee, HR and Immigration Attorney
  • Job Description : Drafted, revised and finalized
  • Prevailing Wage determination request submitted to U.S. DOL (Department of Labor)
  • Recruitment phase
  • If no qualified US workers identified, file application with DOL. Date when the application is filed with DOL is your Priority Date.
  • DOL processes and approves PERM Labor Certification

Stage 2: I-140 Immigration Application

Next step in the Green Card process is I-140 Immigration Application. After Labor Certification Application has been certified by DOL I-140 application can be filed.

Why I-140?

  • verify employee meets job requirements specified on the PERM/Labor Certification Application
  • Verify the sponsoring employer can pay the offered wages to the employee.

After I-140 is approved, H-1B employee will be able to extend the H1B for 3 years period beyond initial 6 years.

Stage 3: I-485

Form I-485 Application to Adjust Status, the actual green card application which will be filed after I-140 application is approved by USCIS and Green card visa number is available based on the employee’s country of birth, employment-based classification, and visa priority date.

You could be born in India and have Australian Citizenship. But, Visa number availability is based on country of birth.

Priority date is the date that the PERM/Labor Certification Application was filed with the DOL.

Long wait times are due to unavailability of Visa numbers.  There is certain number of Green card applications are made available per year per category per country.

Every month Department of State publishes the Visa Bulletin,  with available visa numbers based on priority dates.

While filing I-485 application, you could file for EAD and Travel Permit (Advanced Parole).

If the priority date moves back from  in next months, then visa numbers will not be available. You would have to wait till visa numbers available to get Green Card.

  1. How Long Does it Take to Get Green Card in USA for Eb1, EB2 and EB3 (this article)
  2. Green Card Steps for  EB2 and EB3 Explained
  3. Green Card Visa Numbers availability for E1, EB2 and EB3
  4. US Green Card Waiting Time Based on Pending Applications
  5. Immigration Path : Steps for an F1 Visa to Become U.S. Citizenship