A person who is holding an H-1B visa may be able to get a Green Card if they are patient, and if they qualify for one of the many paths to a Green Card.
What is an H-1B Visa?
An H-1B visa is a non-immigrant visa for someone to temporarily work in the United States in an occupation that has been designated as "specialized" including engineers, computer programmers, doctors, and even fashion models. A person entering the US on an H-1B visa will have the equivalent of a college degree or other related professional experience which qualifies them to work in their specialty. H-1B visas require sponsorship by a US employer. The sponsoring employer has to submit a Labor Condition application which certifies:
- the H-1B employee will be paid at least the prevailing US wage for their work
- no adverse affect on US workers will be created
- the H-1B employee is not replacing a worker who is involved in a strike or lockout
- if the H-1B employee will be working in a unionized firm, the bargaining representative has been notified
An H-1B visa can be extended, when the appropriate forms are filed before the original H-1B visa is expired.
Permanent Residence Status
You may apply for a Green Card which gives you Permanent Residence Status while you are holding an H-1B visa, however it is advisable to seek out an immigration attorney before you do so. Timing, as they say, is everything. If you were to apply for a Green Card just two months after arriving in the US under an H-1B visa, your application may not be received well by immigration because it will look like this was your plan all along. An attorney can advise you, or assist your company in the correct way to go about obtaining permanent residence status for you.
Green Card Through Employer
Getting a Green Card through an employer is one of the two most common ways to get one (family sponsorship is the other).
- Requires a job offer for permanent employment
- Employer files an I-140 "Petition for Alien Worker" (currently has a $475 filing fee)
- Information on form includes full contact information for the employee and his or her family, plus information about the job itself
- If you are already living in the US, you apply for an adjustment of status
Get Legal Help
The information in this article is an overview only; there are over a dozen different ways one can obtain a Green Card. Consult with an attorney who specializes in immigration law to discover exactly which laws apply in your case and how best to proceed getting a Green Card if you are already an H-1B holder. An attorney can help you with H-1B extensions while you wait for your Green Card to be approved, and make sure all forms are filled out correctly, turned in to the right office and all deadlines are met.
