Are you prepared to submit your Green Card application? Here are the steps you can take to get started and the conditions you must meet before applying for permanent residency.
Many international workers go to the United States every year to pursue permanent and temporary immigration statuses. Most of these people came to the US for a temporary visit before deciding to make it their permanent home, either to test out the country or because they weren’t eligible for a US Green Card.
Fortunately, some work visas, like the H1-B Visa, are deemed to have a “dual aim,” meaning they were designed to establish avenues for foreign employees to obtain permanent status. Below, you may read more about the four significant milestones in this H-1B to green card procedure.
When Should I Apply for a Green Card?
We are frequently asked about the best time to submit an application for a green card as a holder of an H-1B visa, and the answer is simply when your US company is prepared to sponsor you.
Typically, this happens after a few years of holding an H-1B visa; otherwise, your company would have already supported you with a green card!
Therefore, it’s advisable to start the procedure sooner rather than later and never too close to the expiration date of your H-1B visa because the entire process can take anywhere between 6 to 18 months.
Steps For H-1B Holders To Apply For Green Card
Step 1: Seek a US employer who can sponsor you
When transitioning from an H-1B visa to a green card, workers are either already hired by a US employer or are looking for employers to petition them for permanent residency.
This process is generally the simplest when you have worked in the US for some years for a company you are confident is capable of and are now prepared to sponsor you for a more permanent role.
Step 2: The employer must acquire a PERM labour certification
A crucial step in your H1B to green card procedure is getting a PERM labour certification, which your employer must complete independently.
The US Department of Labour requires a PERM labour certification, which refers to Program Electronic Review Management, to confirm that no US citizens are qualified or available to do the work and that your hiring won’t impact anyone’s earnings.
Next, employers will be required to pay processing fees when filing foreign national Form I-140 to the USCIS.
Step 3: The Employer sends in a Form I-140
Your company will need to file Form I-140 (Immigrant Petition for Alien Worker), which is the appeal for you to work in the United States when your PERM labour certification is authorized.
Form I-140 must be filed with the authorized PERM lab or certification. Then, the USCIS will notify you if your application is accepted through an approval notice. You can then proceed to the next step in the green card application procedure.
Your priority date, which is effectively your place in line to get a green card, is the day the USCIS receives your application.
Step 4: Submit an I-485 form
Once your priority date has passed, you must file Form I-485, an application for adjustment of status or permanent residence. You will obtain your green card if it is accepted.
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