The target for many of the H-1B visa holders is to obtain a green card in the USA. This is indeed a significant step that will ensure long-term stability and numerous crucial career developments. The process can feel challenging, but knowing what you want can make it a much simpler journey. What’s also great is that whether you choose to stay with your company or go out on your own, you have various options you can take to transition from H-1B to a green card.
Understanding the Pathways to a Green Card
There are a few clear paths for H-1B visa holders to become green card holders. Perhaps the most common of green cards is a job-based green card, where your employer sponsors you based on your qualifications and the kind of job you do. This is the best option if your employer will support your application and prove your role is essential.
A second avenue is family sponsorship. If you have an immediate relative who is a U.S. citizen or green card holder, they can submit a petition on your behalf. This option is conditional to your relationship with the sponsor as well as your legal status in the country.
If you want to be more self-driven, you can consider options such as the EB-2 National Interest Waiver. If your work significantly benefits the United States, you can apply for a green card that does not require an employer’s support. This pathway is especially attractive to those with an advanced degree or extraordinary skills looking for more control over their immigration process.
The timeline and requirements vary by pathway, so you’ll want to pick the one that works best for your situation and your goals. With some forward-thinking and the right advice, you will be able to do so with confidence.
Employment-Based Green Card Process
A stable route for H-1B visa holders to gain permanent residency status is through the employment-based green card process. It begins with your employer — the linchpin of your application support. Your employer must first file for a PERM Labor Certification. This step requires demonstrating that your being hired won’t hurt job opportunities or wages for U.S. workers. It’s a lengthy process, but it lays the groundwork for your green card petition.
After the labor certification has been approved, the next step is to file Form I-140, the Immigrant Petition for Alien Workers. The PERM step formalizes that you are eligible for an employment-based green card under one of the categories, such as EB-2 or EB-3.
The last step is the adjustment of status. If the priority date is current, then you can file Form I-485 and stay in the US. This document converts the petition to you from temporary H-1B status to permanent residency. The second stage is most sensitive to timing because there are a limited number of green cards available each year.
While the employment-based route can feel complicated, each can be navigated in due course with proper planning. If you’re thinking about taking this route, The Law Office of Olena Manilich can help walk you through the steps. Schedule a consultation today and see how we can help with your green card process.
Transitioning to a Green Card Without Employer Sponsorship
For many professionals, that means that switching to a green card process that does not require employer sponsorship provides greater independence and flexibility. No matter which option you use, you should self-petition by either the NIW (National Interest Waiver) or EB-1A category. This category can get you to your end goal if you have exceptional abilities or an advanced degree and you can prove that you are of substantial use to the United States.
This is called the National Interest Waiver, which enables you to skip the employer sponsorship process if you can show that your work is in the national interest of the country. It’s excellent for people in their chosen field (especially science or healthcare, or anything functional like education) where your efforts may solve a major need or challenge.
EB-1A is another category of self-petition available for those with extraordinary abilities in the arts, sciences, business, or athletics. Applicants are required to demonstrate continued success and acclaim in their field to qualify.
Most self-sponsored paths are based on making a strong case for yourself, backed up with evidence and documentation that highlights your extraordinary abilities and contributions to the field. If you don’t know how to get started, or if you qualify, contact us today. We can assess your options and even walk you through the process step by step.
Key Considerations During the Transition
Transitioning from an H-1B visa to a green card is a cautious road to traverse to minimize unnecessary delays or complications. One key concern is remaining in H-1B status until your green card is approved. However, the whole green card process can take a while, which is why it ensures that you are compliant with immigration laws with your visa.
Another key factor has to do with timing. So, when can you proceed with your application? Tracking visa bulletin updates helps you know when your time comes to react and file essential documents.
Dependents are also considered in the transition. If you have dependents on H-4 visas, their status is tied to the progress of your application. Planning for their move, in conjunction with yours, streamlines the process and helps avoid hiccups.
Finally, careful attention to detail at each step in the application process can pay off big time. Having your papers in order, meeting deadlines, and being aware of any changes in immigration rules will help keep the process moving forward. Schedule a consultation for personalized advice on your situation. The Law Office of Olena Manilich is here to give you advice for your specific situation.
Conclusion
Making the transition from H-1B to green card is an important milestone in building a permanent future in the U.S. However, the process can appear more difficult than it is. You can make it happen with awareness of your options and the proper steps. With careful planning and the right expertise, either your employment-based green card pursuit or your self-petition journey can succeed.
If you’re ready to begin your green card journey or simply want assistance, contact us today. We are committed to ensuring this transition happens seamlessly and worry-free. For you to focus on establishing your new life in the USA.
