How To Get A Permanent Employment-Based Visa To Work In America: Every Step Explained
Many H1B visa holders want to become permanent residents. They can do so by getting a Green Card. We’ll explain the process.
H1B visa holders work in an occupation that is desirable in America. The visa lasts six years. After so long in their new country, many people would like to make the stay permanent. That is possible through a process knowns as an H1B to Green Card transfer. We’ll explain how the process works.
Get PERM Labor Certification
To begin the process of getting an H1B visa holder a Green Card, their employer must file for PERM Certification from the DOL. This step itself has multiple steps:
Register with the DOL
Get approval for a prevailing wage determination
Conduct recruitment processes
File an ETA Form 9089
Obtain the PERM decision
File Form I-140
After receiving PERM approval, the I-140 form is proof that the employee will be paid the wage advertised in the recruitment phase and that they are eligible to live and work in the U.S.
When the employer files the form, they will get a visa number and a date. The date is when the case will be processed. If the date is current, the employee can also file Form I-485 at the same time as Form I-140 is filed.
File Form I-485
Form I-485 is filed by the employee for an Adjustment of Status. The form is sent to the USCIS, and upon approval, the employee will be able to legally work and live in the U.S. permanently. There are two ways to file for an Adjustment of Status:
If the employee has a valid H1B visa, they only need to file the I-485 Form. If the H1B visa has expired and they have returned to their home country. There is an exception. If the employee’s I-140 form has been approved and the date is not current, they will be given an unlimited extension until the process is complete.
If the employee is back in their home country, they will have to go through consular processing. This means applying for the Adjustment of Status through the U.S. Embassy in their country. These are the steps for consular processing.
After the employer petitions USCIS and is approved, USCIS sends the application to the NVC.
NVC assigns a case number and sends it to the employer and employee.
When the priority date becomes current, the NVC will send a bill for applicable fees.
The NVC will send Form I-864.
The NVC will send Form DS-3032. If the H1B to Green Card process is being done electronically, form DS-261 will be completed in place of Form DS-3032.
Send both forms back to NVC for processing.
The NVC will then send Form IV.
After reviewing all documents, the employee will be called for an interview.
After completing all the procedures, inside or outside the U.S., the USCIS will process the documents and make a decision. If the employee is approved, they will get a passport stamp and later a physical Green Card. The process can take between six months and two years.
Welcome Home!
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