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The H-1B to green card process is a significant transition for foreign workers in the United States, representing a pathway from temporary employment to permanent residency. In conclusion, this process is complex and involves several steps, including labor certification, employer sponsorship, and navigating the intricacies of U.S. immigration law. While the H-1B visa allows skilled workers to temporarily work in the U.S., obtaining a green card provides long-term stability and opens up additional opportunities for career advancement and personal growth.
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H-1B TO GREEN CARD Process, Steps & Timeline
ABOUT H-1B VISA The H-1B visa is the most popular U.S. visa due to its numerous benefits, especially the opportunity to apply for a green card application. One of the most common terms related to the H-1B visa is “dual intent” which refers to certain temporary visa classifications with the option of green card application. Not all temporary/nonimmigrant visas have these options.
IN THIS GUIDE WE’LL EXPLORE THE H1B TO GREEN CARD BEST CHANCES OF APPROVAL
STEP 1: FIND A QUALIFIED U.S. EMPLOYER You must first find an employer who is willing to sponsor you for your green card by offering you a position that qualifies under an employment-based green card category. Most of the U.S. employment-based green card categories must be sponsored by an employer. This can be either your current H-1B employer or a different employer. Some requirements must be met before an employer can qualify to sponsor an employee’s green card application.
STEP 2: PERM LABOR CERTIFICATION TO BE FILED BY YOUR EMPLOYER your employer must obtain a PERM Labor Certification. This means that the prevailing wage will need to be determined and eventually paid as your wage, an extensive recruitment process must take place for the position you will fill to ensure that no U.S. workers are available, and an ETA 9089 form must be filed.
STEP 3: FORM I-140 PETITION Once the PERM has been approved, your employer must then file an I-140 Immigration Petition for Alien Worker. On Form I-140, your employer must prove they are in good financial shape, as that is needed to demonstrate their ability to pay the salary for the job position.
STEP 4: WAIT FOR THE PRIORITY DATE TO BECOME CURRENT As soon as the USCIS receives your petition, that date is your priority date. You will need to wait until your priority date becomes current before moving on to the final step. Check the latest visa bulletin to learn more about current dates.
STEP 5: FILE FORM I-485 Once you have a current priority date, you can apply for an adjustment of status by submitting the I-485 form with the USCIS. If it is approved, then you will receive your green card.
H-1B TO GREEN CARD PROCESS PERM LABOR CERTIFICATION TO BE FILED BY YOUR EMPLOYER WAIT FOR THE PRIORITY DATE TO BECOME CURRENT FIND A FORM I-140 PETITION FILE FORM I-485 QUALIFIED U.S. EMPLOYER
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