In today’s blog, we’ll be looking at the 4 steps that could help you move from H-1B to Green Card.
Numerous international workers arrive in the United States every year, acquiring permanent and temporary statuses to attain their immigration goals. Many of these applicants wish to make the US their permanent home ultimately. However, initially, they come for a temporary stay to either assess or because they are not eligible for a US Green Card. Fortunately, some work visas, such as the H-1B Visa, is deemed “dual intent,” which suggests it was designed to create pathways to permanent residency for international workers. Let’s look at the four major steps within the process of H-1B to Green Card.
When Should You Apply For a Green Card?
Applicants may wonder when the ideal time to apply for a green card as an H-1B visa holder is? The answer is, typically, when the applicant’s US employer is willing to sponsor them. Usually, this could be after a few years of holding an H-1B visa. This process from beginning to end could last for about 6 to 18 months; therefore, it’s ideal if you can start sooner than later and never apply when close to the expiry of your H-1B visa.
Steps Of The Process:
Step 1: Get yourself sponsored by an eligible US employer:
When transitioning from H-1B to the Green Card, employees are either presently employed by an eligible US employer or are looking for a job with a suitable employer to petition them for a Green Card. In many instances, this process is simplest when the employee has worked in the US for a couple of years for an employer they know is qualified and ready to sponsor them for a more permanent role.
Step 2: Employer must acquire a PERM labor certification:
Obtaining a PERM labor certification is a crucial step to your H1B to Green Card process, and it’s a step your employer must undertake themselves. A PERM labor certification, also known as the Program Electronic Review Management, is a test that requires to be presented to the US Department of Labor confirming there aren’t any jobless US residents who are ready, skilled, or open to doing the job and they ensure that no one’s wages are being affected by you accepting the job. Employers will only be required to pay associated fees when submitting their Form I-140 to the USCIS, which brings us to the next step of the process.
Step 3: Submission of Form I-140 by the employer:
After the approval of your employer’s PERM labor certification, they will be required to submit a Form I-140 (Immigrant Petition for Alien Worker) which is the petition for you to work in the United States. This form should be submitted with the approved PERM labor certification. If your petition is approved, the USCIS will grant you an approval notice that implies that you can proceed to the next stage of your green card application process. Once the USCIS accepts your petition, that date is your priority date which is your place in the queue to receive a green card.
Step 4: Submission of the Form I-485:
Once you have your priority date, you will be required to submit Form I-485, your permanent residency/adjustment of status petition. If it is approved, then you will receive your green card.
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