H-1B to Green Card: Complete Guide to Sponsorship, Fees, and Processing
Breaking Update: A new $100,000 fee has been introduced for fresh H-1B petitions under the Trump administration. While certain exclusions apply, this change could significantly impact employers and applicants. Understanding the rules and planning a smart strategy with the guidance of immigration attorneys at Green Card Link will be more important than ever.
The next H-1B lottery registration period is expected to open in March 2026. Unlike many nonimmigrant visas, the H-1B is unique because of its “dual intent”, meaning holders can lawfully apply for permanent residency while maintaining their H-1B status.
The green card journey for H-1B holders typically involves:
- Securing PERM Labor Certification
- Filing Form I-140 (Immigrant Petition for Alien Worker)
- Monitoring your priority date through the U.S. Department of State’s Visa Bulletin
- Filing Form I-485 (Adjustment of Status) once your priority date is current
If you are an H-1B visa holder, this process is your pathway from temporary worker to lawful permanent resident. At Green Card Link, its immigration attorneys can help you navigate eligibility, timelines, and strategies to maximize your approval chances.
H-1B to Green Card Process
Transitioning from H-1B to a green card follows these main steps:
Step 1: Find a Qualified U.S. Employer
Your journey begins with an employer willing to sponsor your green card under an employment-based category such as EB-2 or EB-3. This sponsor may be your current H-1B employer or a new one. However, not every job or employer qualifies. You may need to seek out a new position or assume greater responsibilities to meet eligibility requirements.
💡 Tip: The EB-2 category generally has shorter wait times than EB-3, making it a preferable option if you qualify. Start early—both labor certification and I-140 processing can take several months.
Step 2: Employer Files PERM Labor Certification
The PERM process ensures that no qualified U.S. workers are available for the role. This involves:
- Filing a prevailing wage determination with the Department of Labor (DOL)
- Conducting a detailed recruitment campaign to test the U.S. labor market
- Submitting ETA Form 9089 to the DOL
Only after PERM approval can your employer proceed with the immigrant petition.
Step 3: Employer Files Form I-140 (Immigrant Petition for Alien Worker)
The Form I-140 is filed with U.S. Citizenship and Immigration Services (USCIS) and is the foundation for your green card application.
Your employer must:
- Prove financial ability to pay the offered wage
- Submit the approved PERM certification with required fees
- File within required timelines
Processing Times:
- Regular: Around 7.7 months (per USCIS data)
- Premium Processing: Within 15 business days (optional, $2,805 fee)
Step 4: Wait for Your Priority Date to Become Current
Your priority date is critical—it determines when you can file Form I-485. This date is established when:
- ETA Form 9089 is filed (for cases requiring PERM)
- I-140 is filed (for cases exempt from PERM)
Applicants must closely track the monthly Visa Bulletin from the Department of State.
⚠️ Retrogression Alert: If the Visa Bulletin retrogresses, your green card wait time may increase. In such cases, alternatives like the EB-1 or National Interest Waiver (NIW) may provide faster options.
Step 5: File Form I-485 (Adjustment of Status)
Once your priority date is current, you may file Form I-485 with USCIS. Approval results in permanent resident status.
Processing Time:
- Approximately 6.9 months (USCIS data)
Key Considerations:
- H-1B Extensions: If your Labor Certification or I-140 was filed 365 days before hitting the 6-year H-1B cap, you may extend your status in 1-year increments.
- Not Current Yet: With an approved I-140 but no current priority date, you qualify for unlimited H-1B extensions until your date becomes current.
- Always check your I-797 Approval Notice for your specific priority date.
H-1B to Green Card Fees
In addition to USCIS filing fees, recent policy changes may introduce significant costs, such as the $100,000 H-1B petition fee. Each stage—PERM, I-140, and I-485—carries its own filing fees and potential premium processing costs. Immigration attorneys at Green Card Link can help you evaluate fee structures, employer obligations, and strategic filing options.
Why Work with Immigration Attorneys at Green Card Link?
The H-1B to green card process is complex, with changing policies, long timelines, and potential retrogressions. At Green Card Link, its immigration attorneys bring deep experience in employment-based immigration, offering:
- Personalized strategy tailored to your background and employer’s situation
- Up-to-date legal guidance on USCIS and Department of State policies
- Efficient case management to reduce delays and maximize approval chances
How to Maintain H-1B Status While Your Green Card Application Is Processing
How to Maintain H-1B Status While Your Green Card Application Is Processing
Transitioning from H-1B to a green card under the EB-2 or EB-3 category requires careful planning to avoid gaps in lawful status. At Green Card Link, our immigration attorneys guide clients through every stage of the process to help ensure compliance and reduce unnecessary delays.
Steps to Remain in Status
- File Form I-485 after I-140 approval: Once USCIS approves your employer’s I-140 petition, you may submit your I-485 adjustment of status application.
- Concurrent filing option: In certain cases, you may file the I-485 and I-140 together, which can significantly reduce processing times.
- Extend your H-1B: To prevent lapses in lawful status, continue extending your H-1B until your green card is fully approved.
Step 6: The USCIS Green Card Interview
What to Expect
Your interview will take place at a local USCIS office. A USCIS officer will review your application, verify your employment history, and confirm your intent to permanently live and work in the United States.
Pro Tip: Always bring copies of all documents you submitted with your application.
Common Green Card Interview Questions
- What does your company do?
- What role will you be performing within the organization?
- How do your educational background and professional experience support the position’s requirements?
For additional preparation, you can review our EB-2 and EB-3 green card interview guides provided by the immigration attorneys at Green Card Link.
Step 7: Green Card Approval
If your application is successful, you will receive an official approval notice online through the USCIS case status tool. Your physical green card is typically mailed within a few weeks.
H-1B to Green Card Processing Timeline (2025)
Processing times vary significantly depending on your country of birth, visa category, and USCIS workload. Below are general estimates:
- PERM Labor Certification: 15–16 months. Timelines may increase if the Department of Labor conducts an audit.
- I-140 Petition: Approximately 8 months. With premium processing ($2,805), approval can be completed in as little as 15 business days.
- Priority Date Waiting Period: This depends on your category and country of birth. For example, EB-1 applicants may have little to no wait, while EB-2 applicants from India often face waits exceeding 10 years.
- I-485 Adjustment of Status: Around 6.9 months, based on USCIS service center data.
Total processing time:
- Without premium processing: ~2.5 years (best case)
- With premium processing: ~2 years (if the priority date is current
Applicants from Mexico, for example, may complete the process significantly faster than applicants from India under EB-3, who may face decade-long waits.
H-1B to Green Card Fees
The total cost of transitioning from H-1B to a green card will depend on your filing path. Typical fees include:
- Form I-140: $715 (standard) or $2,805 with premium processing.
- Asylum Program Fee: $600 (waived for nonprofits; $300 for small employers or self-petitioners).
- Form I-485 Adjustment of Status: $1,440 for applicants aged 14–78.
- Labor Certification: Varies depending on advertising and recruitment costs.
- Medical Exam: Fees depend on the designated civil surgeon and often aren’t covered by insurance.
- Translations and document preparation: Additional costs may apply.
- Attorney Fees: Rates vary based on the complexity of your case. The immigration attorneys at Green Card Link can provide an exact breakdown after reviewing your situation.
Green Card Options After H-1B
H-1B workers may pursue several green card categories, including:
- EB-1: For individuals with extraordinary ability, outstanding researchers, or multinational managers.
- EB-2: For advanced degree holders or those with exceptional ability (includes National Interest Waiver options).
- EB-3: For professionals, skilled workers, and certain unskilled workers.
- Family-Based Green Cards: Sponsored by U.S. citizen or permanent resident family members.
- EB-5: For investors who make qualifying investments that create U.S. jobs.
- Diversity Visa Lottery: Limited green cards for countries with low immigration rates to the U.S.
When to Apply for a Green Card After H-1B
You may begin the process as soon as your employer is prepared to sponsor you. The application involves the Department of Labor and USCIS, each with its own timelines. For example, DOL’s PERM certification process can take six months or longer, with additional delays possible if your case is audited.
In FY 2025, top occupations sponsored for PERM labor certifications included:
- Software Developers (21.2%)
- Computer Systems Analysts (3.8%)
- Medical & Clinical Lab Technologists (2.9%)
- Data Scientists (2.7%)
- Electronics Engineers (2.0%)
Starting early is crucial to avoid falling out of status if your H-1B expires before your green card process begins.
Benefits of the H-1B Visa for Green Card Transition
Unlike other temporary visas, the H-1B provides flexibility. You may:
- Renew your H-1B.
- Transfer it to another employer.
- Begin your green card process without losing lawful status.
This makes the H-1B one of the most favorable nonimmigrant visas for professionals seeking permanent residency.
Regaining H-1B Status After Expiration
If your H-1B expires before your green card is approved, USCIS may allow reinstatement under 8 C.F.R. § 214.1(c)(4) if:
- The delay was due to extraordinary circumstances beyond your control.
- You did not violate the terms of your status and are not in removal proceedings.
EB-2 vs. EB-3: Which Is Right for You?
EB-2 Green Card
Requires an advanced degree or exceptional ability. Most applicants need a job offer and PERM certification, unless applying through a National Interest Waiver (NIW).
EB-3 Green Card
For professionals with a bachelor’s degree, skilled workers with at least two years’ experience, and certain unskilled workers. Requires an I-140 petition and typically a PERM labor certification.
From H-1B to U.S. Citizenship
The final step after receiving your green card is applying for naturalization:
- Hold a green card for at least 5 years (or 3 years if married to a U.S. citizen).
- File Form N-400.
- Pass the English and civics test.
- Attend the citizenship interview.
- Take the Oath of Allegiance at a naturalization ceremony.
H-1B to Green Card Denial: What You Need to Know
The journey from an H-1B visa to a U.S. green card can be long and filled with multiple stages. While every applicant hopes for a smooth approval, the reality is that denials can occur at various points in the process.
For example, your PERM labor certification could be denied by the Department of Labor, or the U.S. Citizenship and Immigration Services (USCIS) may choose to reject your adjustment of status petition. Over the past several years, denial rates for employment-based green card applications have risen, which makes it essential to carefully follow USCIS requirements and submit accurate, complete documentation.
Common Reasons for H-1B to Green Card Denial
Your application could be denied for a variety of reasons, including:
- Health-related issues revealed in your immigration medical exam results
- A past criminal record
- Violation of your immigration status
- Insufficient supporting evidence for your chosen green card category
- Failure to meet the required education or work experience qualifications
- Improperly filed petitions or forms
- Employer’s inability to prove the financial ability to pay the offered salary
What to Do If Your Application Is Denied
Receiving a green card denial does not necessarily mean the end of your immigration journey. If you are committed to pursuing permanent residency, there are options to challenge or overturn the decision.
One option is to file a motion to reconsider, which is appropriate when you believe USCIS made a mistake in reviewing your case. This requires presenting strong, compelling evidence that supports your position.
Another option is to file an appeal, which allows a higher authority to re-examine your case. In these situations, your case may be reviewed by multiple parties, including:
- The officer who issued the initial denial
- The Administrative Appeals Office (AAO)
- The Board of Immigration Appeals (BIA)
While motions and appeals can be complex and time-intensive, they can also provide another chance at success if you have submitted the necessary documentation and evidence.
Frequently Asked Questions
How soon can I apply for a green card after obtaining an H-1B visa?
You can apply for a green card as soon as your employer is ready to sponsor you. The employer must first file the labor certification and then Form I-140, Immigrant Petition for Alien Workers. Since the process is intricate and lengthy, it is advisable to seek guidance from immigration attorneys at Green Card Link to help you navigate each step.
When should I ask my employer about green card sponsorship?
Timing is critical. Asking too late could lead to unnecessary delays in your immigration journey. However, some employers may hesitate because once foreign employees obtain their green cards, they may choose to change jobs. Having an open and honest discussion with your employer early on can help avoid future complications.
Can I remain with the same employer while doing EB-3 to EB-2 porting?
In some cases, yes—but be aware that USCIS will heavily scrutinize the request since EB-3 to EB-2 porting has been misused in the past. To qualify, your EB-2 role must be at least 50% different from your EB-3 position. Expect USCIS to ask questions such as:
- Does this promotion make sense within the company’s structure?
- Is the new role a legitimate, established position?
- Is your employer actively looking to replace your previous EB-3 role?
- How many employees has your employer sponsored for EB-3 to EB-2 porting?
Because of the scrutiny involved, consulting an experienced immigration attorney at Green Card Link is strongly recommended before attempting this transition.
How Immigration Attorneys at Green Card Link Can Help
Changing your status from H-1B to green card is a complicated process that often requires legal expertise. The immigration attorneys at Green Card Link have extensive experience handling complex employment-based green card petitions for professionals across diverse industries, including information technology, healthcare, finance, hospitality, and retail.
By working with Green Card Link, you can receive personalized legal strategies, meticulous case preparation, and strong representation throughout the application, appeal, or motion process. If you are facing a denial or preparing to apply for a green card, scheduling a consultation with immigration attorneys at Green Card Link can make a significant difference in the outcome of your case.