
When navigating the complex process of transitioning from an H-1B visa to a Green Card, it is crucial to rely on authoritative resources. This includes guidance from U.S. Citizenship and Immigration Services (USCIS) to ensure all information is accurate and compliant with immigration laws. Understanding the H1B to Green Card Process EB2 EB3 EB1 is essential for a successful transition.
Transitioning from an H-1B visa to a Green Card is a major goal for many professionals working in the U.S. A Green Card grants permanent residency, providing greater job mobility, stability, and a pathway to U.S. citizenship. The process can be complex, involving employer sponsorship, self-petition options, and long wait times, depending on your country of birth and employment category.
This guide details the H1B to Green Card Process EB2 EB3 EB1 and aims to clarify the various pathways available.
In this guide, we will cover step-by-step instructions for each employment-based Green Card category, including:
We will include flowcharts, comparison tables, real-world case studies, and links to authoritative resources such as USCIS to help you understand each step clearly.
Each path has its pros and cons. Below is a side-by-side comparison of key factors for the main EB categories discussed:
| Green Card Path | Sponsor Required? | PERM Labor Cert? | Who Qualifies | Processing Time (est.) | Costs & Investment |
|---|---|---|---|---|---|
| EB-3 (Employer) | Yes – U.S. employer | Yes – PERM required | Skilled workers (2+ yrs experience), professionals (Bachelor’s) Common for H‑1Bs in entry/mid-level roles. | 2–5 years if not backlogged Can exceed 10 years for India/China . | Employer typically pays PERM costs. You/Employer pay I-140 ($715) + I-485 ($1,440) . Premium opt. ($2.805). Attorney fees ~$5K-$10K (varies). |
| EB-2 (Employer) | Yes | Yes – PERM required | Advanced degree (Master’s or higher) or Bachelor’s +5 yrs . Exceptional ability also qualifies. H‑1Bs with higher education often use this. | 2–5 years if not backlogged (EB-2 moves slightly faster than EB-3) . India EB-2 can be 10+ years. | Similar to EB-3: PERM recruitment costs; I-140 fee $715; I-485 $1.440 Premium available. Possibly higher attorney fees for complex cases. |
| EB-1A (Extraordinary) | No – self-petition | No | “One of the small percentage at the top of your field.” Must meet 3 of 10 criteria (publications, awards, etc.) . Examples: renowned researchers, tech innovators, artists, athletes | ≈1–2 years. I-140 in 15 days (premium) if strong case. Generally current priority date for all countries, so just I-485 processing time | I-140 $715 + $2,805 premium (optional) . I-485 $1,440. No recruitment cost. Attorney fees can be higher (preparing extensive evidence). |
| EB-2 NIW (Self-petition) | No – self-petition | No | Advanced degree or exceptional ability and work in the national interest (Dhanasar 3-prong test) E.g. researchers, entrepreneurs, public sector professionals. | ≈1.5–3 years if not backlogged. I-140 ~1-2 months with premium .Visa wait same as EB-2: current for many, backlog for India/China. | I-140 $715 (+$2,805 premium) . I-485 $1,440. No PERM costs. Attorney fees vary (~$5K+). |
| EB-5 Investor | No – invest $$ | No | Investors who can invest $800k–$1.05M and create 10 U.S. jobs . No degree or experience requirements – all about $$ and project feasibility. | ≈3–5 years total. I-526 ~1-2+ years then conditional Green Card ~1 year; conditions removed after ~2 years (I-829 ~1 year) Times improving with new USCIS processes | Huge investment: $800k or $1.05M at risk uscis.gov . Plus ~$50K+ in filing (I-526 ~$3.7 and admin fees. Attorney fees often $15K+. Potential return on investment is uncertain. |
Notes: “Processing Time” above is from start to green card issuance (conditional for EB-5). Times are estimates and can vary widely based on USCIS workload, country quotas, and individual case complexity. Always check the latest USCIS Processing Times and the Visa Bulletin
Challenges for Foreign Nationals: Foreign nationals often face significant challenges in transitioning from H-1B to Green Card, including navigating the green card backlog and understanding the dual intent provision of immigration law.
Leverage Your H‑1B Dual Intent: Unlike F-1 or J-1 visas, H‑1B allows you to pursue permanent residency without jeopardy
Use this to your advantage – you can start the green card process on day one of H‑1B if you want. There’s no need to wait years if you’re ready and eligible. Early filing means a higher priority date which can save you time later.
Plan for H‑1B Extensions: If you suspect your process will take longer than your remaining H‑1B time, plan to extend your H‑1B. As noted, approved I-140 (or 365-day pending PERM) gives you extension eligibility beyond 6 years. Also, if you file I-485 and it’s pending >180 days, you might switch jobs with a same/similar role – this is called AC21 portability
Discuss timing with your attorney to ensure you maintain status throughout.
Use EAD/AP Wisely: After filing I-485, you’ll get an Employment Authorization Document (EAD) and Advance Parole (AP). This combo lets you work for any employer and re-enter the U.S. without H‑1B stamping. It’s freeing, but note: if you use EAD to leave your H‑1B employer, you are relying entirely on the pending I-485 for status. Many choose to keep H‑1B alive as a backup until the green card is in hand, by continuing H‑1B employment or extending H‑1B even after EAD arrives. This way, if the I-485 faces issues, you have H‑1B to fall back on. It’s a personal risk decision – consult your lawyer on this strategy (often called “maintaining dual status”).
These have their own requirements, but it’s good to be aware of every possible avenue.
The EB-3 category is for skilled workers, professionals, and certain other workers. It requires an employer sponsor and PERM labor certification. It is generally easier to qualify for than EB-2, but processing times can be significantly longer, especially for applicants from backlogged countries like India and China.
EB-3 is divided into three subcategories:
✔ Easier to qualify for than EB-2 or EB-1.
✔ Available to a wide range of occupations, including those without advanced degrees.
✔ Premium processing available for the I-140 stage to speed up approval.
✘ PERM labor certification is required, making the process longer.
✘ Significant backlogs for India and China can result in decade-long waits.
✘ Job-specific requirement – workers must remain with the sponsoring employer for the duration of the process.
The EB-2 National Interest Waiver (NIW) allows individuals with advanced degrees or exceptional ability to self-petition for a Green Card if they can prove that their work is in the national interest of the United States. Understanding immigration law is crucial for successfully self-petitioning under the EB-2 NIW category.
To qualify, you must meet two main criteria:

EB-1A is a self-petitioned Green Card category for individuals who have risen to the top of their field in science, arts, business, education, or athletics.
To qualify, you must meet at least 3 out of 10 criteria, such as:

EB-1B is for outstanding researchers and professors who:
Applicants must meet at least 2 out of 6 USCIS criteria, such as:
H-1B to Green Card for Executive
EB-1C is for executives and managers who have worked for a multinational company for at least one year and are being transferred to a U.S. office.
EB-5 is for individuals who can invest in U.S. businesses and create jobs.
✔ No employer sponsorship required.
✔ Can fast-track Green Card for investors.
✘ Expensive investment requirement.
✘ Job creation requirement must be proven.
General FAQs
1. Can I apply for a green card while on an H-1B visa?
Yes, an H-1B visa is a dual-intent visa, meaning you can legally pursue a green card while working in the U.S.
2. What are the main employment-based (EB) green card categories I can apply for?
You may qualify for the following employment-based green card categories:
3. How long does it take to get a green card while on H-1B?
Processing times vary depending on your category:
4. What is the “priority date,” and why is it important?
Your priority date is the date your employer or you (for self-petitioned categories) file the labor certification or I-140 petition. It determines your place in line for green card processing. The Visa Bulletin, published monthly, dictates when you can proceed with the final stages of your green card process.
5. Can I change employers while my green card application is pending?
Yes, but under different conditions:
6. Why is maintaining lawful status important during the transition from H-1B to Green Card?
Maintaining lawful status is crucial to avoid complications in your green card application. If you fall out of lawful status, you may face delays or denials in your green card process. Ensure you take necessary actions, such as timely filing extensions or changes in employment status, to maintain your lawful status throughout the transition.
FAQs Specific to Each Category
EB-1 Green Card FAQs
7. What are the EB-1 subcategories, and who qualifies?
8. Do I need a job offer for EB-1?
9. Can I self-petition under EB-1?
Only under EB-1A (Extraordinary Ability). EB-1B and EB-1C require an employer sponsor.
10. Is premium processing available for EB-1?
Yes, for EB-1A and EB-1B (I-140 stage). EB-1C does not have premium processing.
11. What kind of evidence is needed for EB-1A?
You must meet at least 3 out of 10 criteria, such as awards, published materials, scholarly articles, original contributions, etc.
EB-2 Green Card FAQs
12. Who qualifies for EB-2?
13. Do I need a job offer for EB-2?
Yes, unless applying for an EB-2 NIW.
14. What is the EB-2 National Interest Waiver (NIW)?
The NIW allows you to bypass the employer sponsorship requirement if your work has substantial merit and national importance.
15. Can I upgrade from EB-3 to EB-2?
Yes, but your employer must file a new PERM and I-140 under EB-2.
EB-3 Green Card FAQs
16. Who qualifies for EB-3?
17. Is a labor certification (PERM) required for EB-3?
Yes, the employer must complete the PERM process before filing the I-140.
18. Can I switch from EB-3 to EB-2 if I gain experience?
Yes, if you meet EB-2 criteria and your employer sponsors a new PERM and I-140.
EB-5 Green Card FAQs
19. How much investment is required for EB-5?
20. Do I have to actively manage the EB-5 business?
No, but you must be involved in policy formation or direction.
21. Can I use a loan for my EB-5 investment?
Yes, but the loan must be secured by your personal assets.
22. Can family members get green cards through EB-5?
Yes, your spouse and unmarried children under 21 can obtain green cards.
Process-Related FAQs
23. What is the PERM labor certification process?
PERM is a process where the employer proves that no qualified U.S. workers are available for the position. It takes 6-12+ months.
24. Can I travel while my green card application is pending?
If your I-485 is pending, you need an Advance Parole document to travel.
25. Can my spouse work while my green card is processing?
26. What happens if my priority date retrogresses?
If the Visa Bulletin retrogresses, your final green card approval may be delayed.
27. Can I downgrade from EB-2 to EB-3?
Yes, this is called an EB-3 downgrade, often done to take advantage of faster EB-3 processing times.
28. What happens if my employer withdraws my I-140?
29. Can I have multiple green card petitions filed simultaneously?
Yes, you can have multiple I-140s under different EB categories to increase approval chances.
30. How does AC21 portability work?
If your I-485 has been pending for 180+ days, you can change employers to a similar job.
31. Do I need to maintain H-1B status while my green card is pending?
It is recommended, but once I-485 is filed, you can work using an EAD/AP combo card.
Achieving permanent resident status in the U.S. comes with numerous benefits, including the ability to live and work indefinitely, travel freely, and eventually apply for U.S. citizenship.
Key Tip: Start early! The earlier you begin the Green Card process, the higher your priority date, which helps avoid delays due to visa backlogs.
Navigating the U.S. green card process while on an H-1B visa can be complex, especially when dealing with different employment-based categories like EB-1, EB-2, EB-3, and EB-5. Each pathway has its own set of eligibility requirements, processing timelines, and legal challenges that can impact your ability to secure permanent residency efficiently.
At Herman Legal Group, our experienced immigration attorneys understand the intricacies of employment-based green card applications and have successfully helped thousands of H-1B visa holders transition to permanent residency. Here’s why scheduling a consultation with us is a smart decision:
✅ Personalized Case Evaluation: We assess your qualifications, job position, and long-term immigration goals to determine the best green card category for you.
✅ Expert Guidance Through PERM and I-140 Filings: Our team ensures that your employer-sponsored green card application is prepared accurately, avoiding common pitfalls that could delay or jeopardize your case.
✅ Strategic Solutions for EB-1, EB-2 NIW, and EB-5 Investors: Whether you qualify for an EB-1 petition, an EB-2 National Interest Waiver, or are considering an EB-5 investment, we provide tailored legal strategies to strengthen your application.
✅ Priority Date and Visa Bulletin Strategies: If you’re affected by green card backlogs, we offer solutions such as EB-2 to EB-3 downgrades or porting priority dates to help you secure your green card faster.
✅ AC21 Portability and H-1B Extensions: If your green card process is delayed, we help you leverage AC21 portability rules and extend your H-1B status as needed.
✅ Ongoing Support & Representation: Immigration policies change frequently, and our legal team stays updated on the latest regulations to provide you with the best possible advice.
If you’re serious about securing your U.S. green card and need a reliable legal partner, Herman Legal Group in Cleveland is here to help. Contact us today to schedule a consultation and take the next step toward your future in the U.S.
Call us at 216-696-6170
Email us at richard@lawfirm4immigrants.com
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