Useful Links
U.S. Citizenship and Immigration Services (USCIS) Website
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Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
H-1B to Green Card Path (Adjustment of Status)
EB-2/EB-3 categories, PWD, recruitment, PERM labor certification; priority dates; timeline, change jobs or employers.
H-1B visa holders are classified as non-immigrants, authorized to work in the U.S. on a temporary basis. Transitioning to lawful permanent resident (LPR) status is the path to obtaining a Green Card – to establish long-term residence in the U.S. The process through which H-1B visa holders already in the U.S. can apply for a Green Card without needing to leave the country is called Adjustment of Status (AOS).
Green Card Categoris
Determine which Green Card category you qualify for. For a full list of eligibility categories, please refer to the Green Card Eligibility Categories page.
Employment-Based (EB) Categories:
- EB-1: Aliens with extraordinary abilities in business, arts, sciences, education, or athletics.
- EB-2: Non-citizens with advanced degrees or exceptional talent in their fields, including National Interest Waiver (NIW) petitions.
- EB-3: Skilled workers, professionals, and other workers.
- EB-4: Religious workers, special immigrant juveniles, broadcasters (certain), employees or retired officers of a G-4 international organization or NATO-6 civilian employees, including their family members, members of the U.S. armed forces, etc.
- EB-5: Immigrant investors.
Adjusting Status to Become a Green Card Holder
Here, we outline the process for an H-1B visa holder to become a U.S. Green Card holder (U.S. Permanent Resident). This process involves several key steps that must be completed by the U.S. employer on behalf of the H-1B visa holder.
Focus on the EB-2 and EB-3 Categories
The order of steps is very important:
- Prevailing Wage Determination (PWD)
- Recruitment
- PERM Labor Certification and Job Offer
- Form I-140 (Immigrant Petition for Alien Worker)
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Biometrics Services Appointment (BSA)
- Interview at a USCIS Office (If Applicable)
- Approval and Green Card Delivery
PWD (Prevailing Wage Determination)
First things first: before sponsoring you for a Green Card through the PERM labor certification process, your U.S. employer must obtain a Prevailing Wage Determination (PWD) from the Department of Labor (DOL).
The PWD ensures that the wage or salary offered to you, as an H-1B worker, is at least equal to the prevailing wage for similar positions in the same geographic area. This requirement is designed to protect both U.S. workers and foreign workers by promoting fair wages across the labor market.
To begin this process, your U.S. employer must submit Form ETA-9141 to the National Prevailing Wage Center (NPWC) of the Department of Labor (DOL). The DOL will then evaluate the job title, duties, requirements, and location to determine the appropriate wage level. The processing times may take 12-16 weeks.
Once issued, the PWD sets the minimum salary your employer must be willing to pay you for the PERM position.
Recruitment
Your U.S. employer must complete a mandatory recruitment process as part of the PERM labor certification. This recruitment must occur within a specific window — at least 30 days but no more than 180 days before filing the PERM application.
During this period, your employer must advertise the job opportunity and carefully review any applicants to ensure there are no qualified U.S. workers available to fill the position.
Recruitment must take place after receiving the Prevailing Wage Determination (PWD) and before filing the PERM.
Although it’s technically possible to begin recruitment before the PWD is finalized, this is only allowed under very limited conditions and is generally discouraged. To reduce legal and processing risks, it’s strongly recommended to complete the PWD step first, then proceed with recruitment.
PERM Labor Certification
For the second (EB-2) and third (EB-3) preference categories, the immigrant petition, in most cases, requires a PERM Labor Certification approved by the U.S. Department of Labor (DOL):
– The U.S. employer or their attorney must complete and submit the Form ETA-9089 (Application for Permanent Employment Certification). A signed Form ETA-9089, approved and certified by the DOL, can then be used by the U.S. employer to file an I-140 Immigrant Visa Petition with USCIS.
– The PERM application cannot be submitted without a valid PWD, which is essential for demonstrating compliance with Department of Labor (DOL) requirements.
– PERM Labor Certification, managed by DOL, ensures that the job offered is not one for which a qualified U.S. worker is available. That’s why the U.S. employer must obtain a labor certification to show that there are not enough qualified U.S. workers for the position. The employer has tried to hire a qualified U.S. worker but was unsuccessful, and this serves as evidence that a foreign worker is needed due to the unavailability of suitable U.S. workers.
– The Form ETA-9089 may be rejected; that’s why it’s important to double-check that all the information provided in the form matches the information on all supporting documents.
– Once the ETA-9089 is filed and accepted, it sets the priority date for the green card case. This date is crucial in determining when the applicant can move forward with the next steps, such as filing the I-140 petition and the I-485 adjustment of status.
Job Offer
Because both categories EB-2 and EB-3 rely on employer sponsorship – a Job Offer from U.S. employers generally required.
In some cases, like the EB-2 National Interest Waiver (NIW), the labor certification and job offer requirements may be waived. Individuals seeking an NIW can file a petition on their own behalf.
Form I-140 (Immigrant Petition for Alien Workers)
The next step is to file an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS). A U.S. employer typically files the petition on behalf of the foreign worker — such as an H-1B visa holder — using Form I-140 (Immigrant Petition for Alien Worker).
Exception for EB-2 Applicants: individuals may file Form I-140 on their own behalf if the petition is based on a National Interest Waiver (NIW).
Family Members
When the I-140 petition is approved, the spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
Notes on Form I-140 (Immigrant Petition for Alien Workers):
- Form I-140 may be filed at any time.
- The Priority Date is the date the U.S. employer submits the petition - Form I-140.
- All labor certifications expire 180 days from the date of certification. This means Form I-140 must be filed before the 180-day validity period ends.
- The general filing fee is $715, plus additional fees if applicable. If paying by check or money order, submit the additional fee separately from the base filing fee.
- Alternatively, Form I-140 can be filed using the Premium Processing service, which currently requires a government filing fee of $2,805. (Be sure to verify the most up-to-date filing fees, as they may change over time.)
File Your Green Card Application – Form I-485
– You, as a principal applicant, may file Form I-485 (Application to Register Permanent Residence or Adjust Status) when your Priority Date becomes current.
– To determine when you can file your I-485, check the Visa Bulletin. The U.S. Department of State (DOS) publishes current immigrant visa availability information in a monthly Visa Bulletin. It indicates when visas are available for issuance to prospective immigrants based on their individual priority date.
– You must be physically present in the United States to file Form I-485.
– Your spouse and unmarried children under the age of 21, who are derivative applicants, must each file their own Form I-485. This means that both the principal applicant and each derivative applicant must file a separate Form I-485.
– Approval of Form I-485, in most cases, results in receiving a green card. You will receive an approval notice confirming that Form I-485 has been approved. After that, USCIS will issue Form I-551 (Permanent Resident Card, commonly known as the green card) — the physical card that confirms lawful permanent resident status. It generally takes 2–4 weeks for Form I-551 to be mailed.
Biometrics Services Appointment (BSA)
After you file Form I-485, USCIS will mail you a notice with the date, time, and location for your biometrics appointment at a local Application Support Center (ASC). Here are more details on how to prepare for your BSA.
Important: Missing your BSA appointment may result in the denial of your Form I-485.
Interview at a USCIS Office (If Applicable)
If USCIS determines that an interview is necessary, they will send you a notice with the date, time, and location of the interview. At the interview, you will be required to answer questions under oath or affirmation regarding your Form I‑485.
Request for Additional Evidence (RFE)
In some cases, USCIS may send you a Request for Evidence (RFE), which will specify: what evidence is needed, where to send it, the response deadline. Failure to respond on time — or not responding at all — may lead to denial of your Form I-485.
Check Your Case Status
You can check the status of your Form I-485 online or by calling the USCIS Contact Center.
Approval and Green Card Delivery
Once USCIS approves your application, you will usually first receive an approval notice (a written decision). Your actual Permanent Resident Card (Green Card) will arrive shortly afterward.
Note: If you change your address during the Green Card process, you must notify USCIS within 10 days of moving. Click here for details.
Receipt Notices, Visa Category Corrections, and Multiple I-140 Filings
Understanding some extra tips to walk through the process:
When USCIS accepts your Form I-140 for processing, they create an electronic record and mail you Form I-797 (Notice of Action), which is a receipt notice.
This is the appropriate time to request a correction to the visa category or to change the visa classification. USCIS can change the visa category as long as a final decision has not been made on your Form I-140. USCIS will make the final determination on whether to change the visa classification based on the information in your case. They may also deny your Form I-140 and any related applications filed with it.
Multiple Visa Categories for a Beneficiary: if you want to classify the beneficiary under more than one visa preference category, you must file a separate Form I-140 for each requested category. You must also pay the required fee and submit supporting documentation for each Form I-140.
Change Jobs or Employers
As the beneficiary of a pending or approved Form I-140, you may be eligible to change jobs or employers through a process known as “porting” – Request Job Portability under INA Section 204(j)
To qualify, the following conditions must be met:
Your Form I-140 petition must be valid. This means that, at the time it was filed, you were eligible for the employment-based visa category (e.g., EB-2 or EB-3) and had a valid job offer.
Your Form I-485 (Application to Register Permanent Residence or Adjust Status) must have been pending for 180 days or more.
The new job must be in the same or a similar occupational classification as the job described in the Form I-140.
USCIS must first approve your pending Form I-140 before approving your portability request.
To request portability, you and your prospective employer (which may be your current employer, a new employer, or even yourself in the case of self-employment) must complete and submit Form I-485 Supplement J. This form must be signed by both you and an authorized representative of the prospective employer who is empowered to make or confirm a permanent job offer.
Processing Timeline
| Timeline | EB-2 | EB-3 |
|---|---|---|
| PWD | around 6 months | around 6 months |
| Recrutment | 30 to 60 days | it may last between 30 to 180 dyas |
| PERM Process | from 6 to 18 months, or even 18 to 24 months | around 10 to 15 months, with possible extensions of 12 to 18 months in cases selected for audit |
| I-140 Petition | approximately 6 to 9 months under regular processing, or 15 calendar days with premium | 6 to 10 months, or 15 calendar days with premium |
| I-485 Adjustemnt of Status | about 10 months | anywhere from 6 months to 3+ years |
Potential processing delays may occur due to various factors such as the applicant’s country of origin, changes in the visa bulletin, USCIS workload, medical examination requirements, the priority date becoming current, and more. The complexity of the process and high demand also influence the overall processing timeline.
Stay involved, stay positive, and remain realistic. This is a marathon, not a sprint, so prepare yourself for the long haul. Make sure you have strong professional support, and stay actively engaged in the process — especially by maintaining clear and consistent communication with your U.S. employer.