H-1B to Green Card: Process, Timeline & Costs

If you're working in the United States on an H-1B visa, you know it's temporary with a 6-year maximum. For long-term stability, transitioning to a green card is the logical next step. H-1B status allows dual intent, meaning you can pursue permanent residence while maintaining nonimmigrant status. This guide covers employment-based pathways, realistic timelines by country of birth, and costs to expect.

Overview of pathways from H-1B to green card

Two primary routes to permanent resident status exist for H-1B holders: employment-based sponsorship and family-based sponsorship. Your situation determines which path makes sense.

Most H-1B professionals pursue employment-based green cards because they already have U.S. employer sponsorship. The three key preference categories under USCIS employment-based immigrant classifications are:

• EB-1: Priority workers including those with extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers
• EB-2: Professionals with advanced degrees or exceptional ability, including the National Interest Waiver (NIW) self-petition option
• EB-3: Skilled workers with at least two years of experience, professionals with bachelor's degrees, and other workers

Family-based sponsorship through marriage to a U.S. citizen offers a faster path that bypasses employment requirements. This route requires documentation proving a bona fide relationship but can lead to lawful permanent resident status in under a year.

With these options in mind, let's examine how the employment-based process works step by step.

The employment-based green card process

The process involves three government agencies: Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and the Department of State. Your U.S. employer files most documentation, and a valid job offer must remain in place throughout.

Step 1: PERM labor certification

The PERM labor certification proves to DOL that no qualified U.S. workers are available for your position. Your employer files Form ETA-9089 with:

• Prevailing wage determination: Established by DOL based on location and job duties
• Recruitment: Job postings and interviews to test the market
• Documentation: All recruitment efforts for audit purposes

Current processing times average approximately 499 calendar days for PERM applications. EB-1 applicants and EB-2 NIW self-petitioners skip PERM entirely, which shortens their timeline.

Step 2: Form I-140 immigrant petition

Once PERM is certified, your employer files Form I-140 Immigrant Petition for Alien Worker with USCIS. This establishes your priority date, which determines your place in the visa queue. The filing fee is $700, or $2,805 for premium processing (15-day decision). Approval confirms eligibility and preserves your priority date while you wait.

Step 3: Adjustment of status or consular processing

The final step begins when your priority date becomes "current" per the Visa Bulletin.

Adjustment of status (in the U.S.): File Form I-485 to adjust from H-1B to permanent resident status. This includes medical examination (Form I-693), biometrics, and potentially an interview. While pending, apply for Employment Authorization Document (EAD) and Advance Parole. The Form I-485 Supplement J may be relevant if you change jobs.

Consular processing (abroad): Your case transfers to the National Visa Center for an immigrant visa interview at a U.S. embassy in your home country.

Now that you understand the process, timeline expectations become the critical question.

Timeline and wait times by country

Timeline varies greatly by country of birth due to per-country visa caps. For most countries, the total timeline is two to four years:

• PERM: 12-18 months
• I-140: 4-8 months standard, or 15 days with premium processing
• I-485: 8-14 months once current

India and China face dramatically longer waits due to the 7% per-country cap. Indian nationals currently face 134+ year waits in EB-2 and EB-3. The total backlog includes 1.8 million cases, with 1.1 million from India.

Important note: The Visa Bulletin changes monthly. Check the current bulletin before planning your timeline.

Beyond timeline, understanding the financial requirements helps you plan accordingly.

Costs involved

Plan for government fees plus professional services. Many applicants consult an immigration lawyer to manage the complex documentation and filing requirements throughout the process.

Important note: By law, employers must pay PERM and I-140 fees. Employees typically pay I-485 and related personal costs.

For those approaching their H-1B time limit, extension options become critical.

What happens after 6-year H-1B limit

Standard H-1B has a 6-year maximum, creating urgency for applicants facing country backlogs. The American Competitiveness in the Twenty-First Century Act (AC21) provides extension options that can continue indefinitely while you pursue a green card:

• 1-year extensions: Available if I-140 is approved or pending 365+ days and priority date is not current
• 3-year extensions: Available if I-140 is approved and priority date is not current
• Recapture: Reclaim time spent outside the U.S. during your H-1B status

Without an approved I-140, you must depart or change to another nonimmigrant status. Immigration professionals recommend starting the green card process early to preserve extension options. 

Given this complexity, many applicants benefit from professional guidance through the process.

Choosing the right support partner

The H-1B to green card process spans three government agencies, requires extensive documentation, and involves strict compliance requirements. Mistakes at any stage can result in delays, denials, or loss of status. Multi-year timelines mean small errors compound over time.

Lighthouse helps employers and foreign nationals navigate this complexity through eligibility diagnostics, expert PERM guidance, and comprehensive I-140/I-485 preparation. Our platform combines experienced case managers with technology built for immigration workflows, providing legal review, coordination of family member applications, and Visa Bulletin tracking.

Start your green card evaluation today.

American Lighthouse Inc. is not a law firm. American Lighthouse Inc. provides software and services for immigration document preparation.

Frequently asked questions

How long does it take to get a green card after H-1B?

Two to four years for most countries from PERM filing to approval. Indian and Chinese nationals face decades-long waits due to per-country visa caps. Your timeline depends on your EB category, PERM processing times, and monthly Visa Bulletin movement.

Can an H-1B visa be converted to a green card?

Yes, through employer-sponsored EB categories or family-based sponsorship. The H-1B's dual intent allows pursuing permanent residence while maintaining nonimmigrant status.

What happens after 6-year H-1B limit?

You must leave the United States, change to another visa category, or qualify for AC21 extensions. If your I-140 is approved or pending over 365 days, you can obtain extensions beyond 6 years while waiting for your priority date to become current. As a green card holder, you would no longer face the 6-year limit.

Is H-1B to green card hard?

The process is straightforward but lengthy. Difficulty varies greatly by country of birth. Indian and Chinese nationals face severe backlogs extending decades, while applicants from other countries often complete the process in two to three years.

What is the 3 for 1 rule for H-1B?

Three years of work experience can substitute for one year of college when qualifying for H-1B specialty occupations. For example, 12 years of relevant experience could substitute for a bachelor's degree.

Can I get a green card without employer sponsorship?

Yes, through several routes. EB-2 NIW allows self-petition by demonstrating your work benefits the U.S. national interest, bypassing employer sponsorship and PERM entirely. EB-1A is available if you prove extraordinary ability. Marriage to a U.S. citizen provides another path entirely separate from employment.

What is the 2-year rule for green cards?

Conditional permanent residence is issued when green cards are granted through marriage of less than two years duration. You must file Form I-751 within 90 days before the two-year anniversary to remove conditions. This does not apply to employment-based green cards.

How does H-1B to green card affect citizenship eligibility?

After receiving your green card, you must wait five years as a lawful permanent resident before applying for U.S. citizenship through naturalization. The H-1B to green card to citizenship path typically takes seven to ten years total for most countries, though backlogged applicants may wait decades for the green card itself before the five-year citizenship clock begins.