Foreign Citizens commonly expect approval to enter and work in the U.S. The H-1B visa program offers skilled workers who hold a bachelor or Master degrees the chance to work in the U.S. for three years. The beginning term of the H-1B visa is three years and can be extended for up to three extra years. Later these workers can look for an option to convert H1B to Green Card.
Skilled workers working in the United States on an H-1B visa know there is a time limit to what extent they can stay in the nation on their visa.
The H-1B visa permits noncitizens to work in the U.S. for as long as six years, after which you have two choices:
- Return to your home country; or
- Document to adjust status to permanent resident.
To turn into a U.S. Permanent resident, you should change from an H-1B visa status to Green Card, which is frequently the best alternative for skilled workers who wish to stay in the U.S. as long as possible.
So in this blog, we will discuss the procedure to change your status from H1B to Green Card
H1B to Green Card Process
A supporting employee can appeal to and start the H1B to green card process for an employee once their six-year legal stay in the US has come to an end.
The procedure for H1B to Green Card comprises of the following series of steps.
Stage 1: PERM Labor Certification
PERM (Program Electronic Review Management) is required for the EB2 and EB3 Employment-based green card classifications and incorporates prevailing wage determination, enrollment, and ETA From 9089.
Prevailing Wage Determination
The initial step for H1B to Green Card is to acquire a prevailing wage determination from the DOL. The Prevailing Wage Determination (PWD) demand provides details to the DOL for the job duties, work prerequisites, and employment area. When affirmed by DOL, the business will utilize it as the base wage requirement for the job.
Right now, an employer has to go through a progression of mandatory recruitment procedures to guarantee that no certified and willing American employee are accessible to fill the vacant position. There are three fundamental recruitment prerequisites: 2 Sunday newspaper job postings, a job posting with the state’s workforce office, and three different advertisements.
Estimated time of arrival Form 9089
When the prevailing wage has been given and the enlistment steps are finished, the business must record ETA Form 9089, Application for Employment Certification, with the DOL. Estimated time of arrival Form 9089 might be documented electronically or via mail.
Stage 2: Form I-140 (Immigrant Petition for Alien Worker )
After filing of ETA Form 9089, the next step for H1B to Green Card is that your petitioning employer must file Form I-140, Immigrant Petition for Alien Worker. Form I-140 sets up that the foreign worker is qualified for a permanent visa dependent on work and that the U.S. business has the assets and resources important to pay the worker the wage advertised in the PERM stage. If the representative’s need date is current, Form I-140 can be documented at the same time with the I-485 Application to Adjust Status. This is known as ‘concurrent’ filing.
Stage 3: Form I-485 (Adjustment of Status)
Adjustment of Status is the way toward applying for permanent resident in the US and the last phase of the H1B to Green card process. To petition for Adjustment of Status, the representative must document Form I-485, Application to Register Permanent Residence or Adjust Status. During this stage, the worker may likewise apply for the Employment Authorization Document (EAD) and Advance Parole.
Once USCIS processes and approves Form I-485, the worker will get a stamp in their visa and later get the physical green card, having effectively changed his status from H1B to the green card.
H1B to Green Card Fees
|PERM certification||$2000 to $5000 (Paid by Employer)|