Obtaining an H-1B visa is undoubtedly an accomplishment in itself, but for a lot of people, it is just the beginning of a more permanent lifestyle in the United States. After staying in the U.S. for a while, a sense of permanence and long-term future motivates many H-1B visa workers to consider the green card process for H-1B visa holders. While the transition to obtaining a green card is a long-established procedure, it can be quite complex and has several potential pitfalls. Accordingly, it is important to understand the steps, timelines, and options available to you to allow for a smooth and successful transition.
While the H-1B visa is a non-immigrant visa (temporary), it is also a dual intent visa. This means that while it is temporary, a H1B visa holder can apply for green card without risking their current non-immigrant status in the U.S. This is a very important feature of the H-1B visa as it allows you to work towards a green card while legally living and working in the U.S. on an H-1B visa.
The Standard Employment-Based Green Card Process
The most frequent method for an H-1B visa holder to transition to a green card is through an employment-based petition. Typically, this process includes a multi-step process that features your employer as the sponsor. There are three core steps:
1. PERM Labor Certification:
The first primary step for your employer is to file a Permanent Labor Certification (PERM) with the U.S. Department of Labor (DOL). This step’s goal is to show that there are no qualified, willing and able U.S. workers for the position you hold. The employer will have to recruit the job and advertise it, to ensure they won’t be displacing a U.S. worker. This process can be quite lengthy, with a prevailing wage determination taking approximately 6 months and the PERM certification itself taking over a year. The date your PERM is filed becomes your “priority date,” which is crucial for determining your place in line for a visa.
2. Form I-140, Immigrant Petition for Alien Worker:
Once your PERM application is certified, your employer will file Form I-140 with U.S. Citizenship and Immigration Services (USCIS). The I-140 is the employer’s petition to have USCIS classify you as an immigrant worker. The form requires evidence of you qualifying for the job, as well as the employer’s ability to pay the salary being offered. The processing time for Form I-140 can vary widely, but it can also be expedited through the use of a premium processing option for a fee. An approved I-140 is an important milestone in the road to a green card for H1B visa holders.
3. Form I-485, Adjustment of Status:
This is the last step for people in the U.S. When the USCIS’ Department of State visa bulletin shows the applicant’s priority date current, they can file Form I-485 to complete adjusting their status or doing what is also known as transition from an H-1B non-immigrant to a permanent resident. The visa bulletin charts indicate that a visa is available based on the applicant’s priority date, home country and category. There are many applications submitted each year; therefore, if a lot of applications are submitted for certain countries like India and China, the applicants with those countries’ priority dates can be suspended for several years or several decades in some categories. The waiting time is a large part of the green card processing time for H1B visa holders.
Processing Times and Key Factors
The duration of the green card for H1B visa holders cannot be determined, and is dependent on many things. The most important things are your country of birth and what preference category (e.g., EB-1, EB-2, EB-3) you are applying for. A report by the Cato Institute reported long delays, and that at the end of the second quarter of 2025, the average number of days till an employer-sponsored green card was issued was 1,256 days (around 3.4 years). The delay had grown dramatically from 706 days (1.9 years) in 2016. In addition, the PERM labor certification can take well over a year, and the I-140 processing is often still months of additional waiting. Probably the longest wait will be waiting for your priority date to actually be current in the Visa Bulletin to start the next stage of application processing. The backlog is partially due to the cap you are subject to based on your country of birth.
Alternative Pathways: The EB-5 Visa Program
Although employed-based immigration is the most common form of immigration to the US, it is not the only way. Specifically, the EB-5 Immigrant Investor Program provides a more direct route to a green card through the means of investment. An EB5 for H1B visa holders may work out to be a very practical option, especially for anyone wishing to be independent of an employer sponsored immigration status.
The minimum investment in the EB-5 program is $800,000 in a business in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA. Each capital investment will have to prove that there will be at least 10 full-time jobs created for US workers. When approved, the program allows the investor, their spouse, and unmarried children under 21 to apply for a green card once they have made the investment.
The key benefit for EB5 for H1B visa holders in changing from employment-based immigration to EB-5 is the absence of being tied to a specific employer. This allows visa holders to change jobs, start a business, or take other opportunities without a risk to their immigration status. This program also has a potential answer to long backlogs in employment-based categories as it has different visa allocations for the EB-5 program.
The Role of a Professional Immigration Partner
Understanding the immigration process in the United States can be challenging. Immigration law includes complicated eligibility requirements, hard deadlines and a fluid legal structure. A reliable immigration partner like FRR Immigration can help navigate that process. We understand the struggles of H-1B visa holders and we can help you work through them with defined and consistent solutions.
Here is how FRR Immigration can help:
Customized Approach: First, we do a thorough assessment that includes your current visa status, work history, and future plan. We then refer you for the most appropriate and effective way to ultimately obtain a green card for H1B visa holders either in an employment based category and or a program like EB-5.
Document Preparation and filing: The key element of your application is accuracy. Our team prepares all forms and supporting documents as you, yourself would prepare them. Our team completes all forms accurately and timely in order to avoid delays and/or denied filings. We walk you through every form step-by-step, particularly on the complex Form I-140 and Form I-485.
Navigating Backlogs: We track the Department of State’s Visa Bulletin and USCIS processing times to set expectations for the time frames we can target and advise you strategically. We help you understand how your priority date impacts your timeline, and how you might be able to advance your case (including concurrent filing if available).
EB-5 Program Service: If you are an H-1B visa holder and interested in the EB-5 process, we provide full service. We spend the time to conduct full diligence on EB-5 (relatively SAFE and COMPLIANT) projects to help you make a secure investment. We prepare all components of the EB-5 petition process, including being able to document that the source of your investment capital was obtained via lawful means.
Continuous Support: The immigration process does not end with a petition submission. We provide continued engagement and you may have questions or concerns arise along the way, and we happily address all of our H-1B and EB-5 clients during their transition to becoming a green card holder.
Transitioning to a green card is a large task, and will require work, but it can definitely be accomplished with an appropriate development plan and goals. We are confident that every H1B visa holder can seek a green card, with a plan of action, and expert guidance. If you are currently an H-1B visa holder who is ready to take the next step in obtaining your green card, please contact FRR Immigration. Allow us to give you the clarity, and certainty that you deserve. Contact us to schedule a consultation and start your process towards a new life in the U.S.
Read other article: Is the EB-5 Program Really at Risk?
