H-1B Visa Holders and the Road to U.S. Permanent Residency: Understanding the I-140 and Green Card Process

Published: August 11, 2023

The road towards U.S. permanent residency is a process filled with anticipation, hope, and yes, an array of legal complexities. If you are looking to simplify your immigration journey, then this is for you. In this blog, we will walk you through the different phases you can expect in a I-140 petition and outline the steps to attain a green card.

The “Green Card”

We all hear the term “Green Card,” but what does it truly mean to have one? The “Green Card”, more officially known as a ”Permanent Resident Card”, is a proof that its holder has been lawfully accorded the privileges to reside and work in the United States. The United States Citizenship and Immigration Services (USCIS) issues this document to non-U.S. citizens, conferring upon them the status of a lawful permanent resident, along with its accompanying rights, benefits, and duties. Green Card holders can pursue greater job opportunities, acquire real estate, attend public educational institutions, and can even serve in specific divisions of the U.S. armed forces.

H-1B visa

The H-1B visa is a temporary nonimmigrant visa that enables U.S. employers to hire foreign workers in specialty occupations for a certain duration. While the H-1B visa itself is temporary, it often acts as a bridge for many foreign workers seeking to obtain a Green Card.

Read on How to Obtain a Green Card Without a Job Offer

The Road to U.S. Permanent Residency via H-1B Visa

PERM Labor Certification

The Green Card Process starts with your U.S. employer filing a Permanent Labor Certification, or PERM, with the Department of Labor (DOL). DOL requires the employer to prove that there are no ready, willing, and qualified U.S. workers available to fill the job at the prevailing wage. In addition, your employer must ensure that hiring a foreign worker will not have a negative impact on the wages and working conditions of similarly employed U.S. workers.

Upon the DOL’s approval of the PERM application, you’re ready for the next step: the I-140 petition.

The I-140 Petition

Once the DOL approves the PERM Labor Certification, your employer can file the I-140 Immigrant Petition for Alien Worker with the USCIS. This document reflects your employer’s commitment to sponsor your transition from a foreign worker to a permanent resident.

It’s worth noting that the I-140 petition consists of several preference categories, such as ‘EB-1’ for priority workers, ‘EB-2’ for professionals with advanced degrees or exceptional ability, and ‘EB-3’ for skilled workers and professionals. Your qualifications, skills, and job requirements typically determine the category under which your I-140 is filed.

Waiting for a Visa Number

After the USCIS approves the I-140 petition, you’ll need to wait for an immigrant visa number to become available. Because of annual green card issuance limitations and per-country caps, some foreign workers, especially from high-demand countries like India and China, may face considerable wait times.

The Final Stretch – Adjustment of Status or Consular Processing

Your priority date is the date when your employer filed your PERM Labor Certification. Once your priority date becomes current, meaning there’s a visa available in your category, then you’ve reached the final stage – you can now transition to U.S. permanent residency.

If you’re within the U.S. under an existing H-1B visa status, you can transition your status from temporary worker to permanent resident. All you need to do is submit a Form I-485, known as the Application to Register Permanent Residence or Adjust Status, to USCIS. This pathway, termed Adjustment of Status, lets you switch from a nonimmigrant status (H-1B in this case) to a permanent resident status, all while staying on U.S. soil.

Conversely, if you’re outside the United States during this phase, you can go through Consular Processing. This requires you to apply for an immigrant visa at a U.S. embassy or consulate in your home country.

Both routes may require you to submit biometric data (such as fingerprints and photographs) and attend a face-to-face interview during the review process. Once USCIS or the consulate gives the green light to your application, it’s a moment for celebration – you are now officially a U.S. permanent resident!

Read about The Role of an Immigration Attorney in Los Angeles

Start Your Journey with ALG Lawyers – Two Decades of Excellence!

Every great journey starts with a single step. At ALG Lawyers, we make sure that each step you take brings you closer to your goal. ALG Lawyers is not just any law firm – we are a trusted partner with a 20-year experience of delivering high-quality immigration solutions. Whether you’re seeking assistance with visa applications, green cards, or any immigration-related matter, our team is here to help.