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H1B Visa To Green Card
Contact an Immigration attorney for help with the H1b to Green card Process. An employer can apply for a Green Card for their H1B worker, but they have to prove that the US labor market will not be hurt if the worker receives a Green Card. That means the employer must first search for U.S. Citizen that can fill that position, and if one is not found then the employer is free to look elsewhere outside the United States. The US Immigration law provides a three-part process through which a H1B worker can receive Green Card. The three parts include:
- PERM Labor Certification
- i-140
- i-485
PERM Labor Certification
Program Electronic Review Management – Definition
Program Electronic Review Management (PERM) is the actual process of obtaining labor certification. PERM is electronic which means it shortens the time it takes to apply and reduces the paperwork. Employers must register with the Department of Labor (DOL) if they want to sponsor a foreign worker to get a H1B visa. One of the requirements to get approved by DOL is that the employer must prove that they intend to pay the foreign worker the full wage determined by the state. An employer needs a permanent labor certification from DOL in order to be able to hire a foreign worker to work permanently in the United States.
FORM I-140
Form i-140 is the employer’s petition for a foreign national to become a permanent resident in the United States. It is the next step after a PERM approval to go from H1B visa to a Green Card. An employer receives a Visa number accompanied by a date that indicates when the case will be processed when the employer files form i-140.
FORM I-485
On the other hand, form i-485 is the form that an employee uses to apply for lawful resident status if employee is in the United States. It is the final step in the H1B to Green Card process. An employee can file for this form in two ways. For workers already in the U.S., all they need is a valid H1B visa to file. But if the visa has expired they have to return to their home country first. However, employees that have a form i-140 and their date is not current, will have unlimited extension until the procedure is finalized. Those that are outside the United States have to undergo consular processing, which means that they have to adjust their status through the U.S. Embassy located in their home country.
Time It Takes For the H1B To Green Card Process
A person’s preference category, Visa Bulletin and home country can determine the length of time the process takes. Someone under the EB3 category that happens to be from Europe may only have to wait for 3 months to get a Green Card, but an EB3 from a country in Asia may have to wait for years. But people falling under the EB2 category that have an advanced degree with years of experience in their field, may not have to wait as long as EB3s. You can set up a consultation with an immigration lawyer to know which category you fall under and how long it will take for you to get a Green Card.