How to Change Your H-1B Visa Status to EB-3 Green Card

If you’re currently working in the United States on an H-1B visa and looking to secure permanent residency, you’re not alone. Many H-1B visa holders choose to transition to an EB-3 green card to gain the benefits of permanent residency, including job flexibility, the ability to stay indefinitely, and a pathway to citizenship.

In this blog, we'll break down the entire process step by step, using simple language to make it easy for anyone to understand.

What is an H-1B Visa?

The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. This visa is typically valid for three years, with the option to extend it to six years. However, it has its limitations:

• Time Limits: You can only stay in the U.S. for a maximum of six years on an H-1B visa.
• Employer Dependency: Your visa is tied to your employer, meaning you need their sponsorship to remain in the U.S.
• Permanent Residency: The H-1B visa is not a path to permanent residency; it’s only a temporary work visa.

Why Transition to an EB-3 Green Card?

The EB-3 visa is an employment-based green card for skilled workers, professionals, and other workers. The main advantages of an EB-3 green card over an H-1B visa include:

• Permanent Residency: Unlike the H-1B, the EB-3 is a direct path to obtaining a green card, which grants you permanent residency in the U.S.
• Job Flexibility: Once you obtain your green card, you’re no longer tied to your sponsoring employer.
• Path to Citizenship: After five years of holding a green card, you may be eligible to apply for U.S. citizenship.

Step-by-Step Guide to Changing Your H-1B Status to EB-3 Green Card

1. PERM Labor Certification

• What It Is: The first step in the EB-3 green card process is obtaining a PERM (Program Electronic Review Management) labor certification from the U.S. Department of Labor (DOL). This certification ensures that there are no qualified U.S. workers available for the job you’re being offered and that hiring you will not negatively affect the wages and working conditions of U.S. workers.
• How It Works: Your employer will need to complete a recruitment process to try and find qualified U.S. workers for the position. If no suitable candidates are found, the employer can then apply for the PERM labor certification.
• Timeline: The PERM process can take anywhere from six months to over a year, depending on various factors, such as processing times and whether the application is audited.

2. Filing the I-140 Petition

• What It Is: After obtaining the PERM labor certification, your employer must file an I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This petition is essentially your employer’s request to sponsor you for a green card.
• How It Works: The I-140 petition establishes that the employer has a valid job offer for you and that they have the financial ability to pay your salary. In this step, your qualifications for the EB-3 category are also confirmed.
• Premium Processing: The I-140 petition can be filed using premium processing, which guarantees a decision within 15 days for an additional fee of $2,500 (as of 2024).

3. Priority Date and Visa Bulletin

• What It Is: After your I-140 petition is approved, you’ll receive a priority date, which is essentially your “place in line” for a green card. The priority date is based on the date your PERM labor certification was filed.
• Visa Bulletin: The U.S. Department of State publishes a monthly Visa Bulletin that indicates when you can move forward in the green card process. Your priority date must be current before you can proceed to the next step.
• Current Wait Times: As of 2024, wait times for EB-3 green cards can vary significantly based on your country of birth. For example, applicants from India often face longer wait times due to higher demand.

4. Adjustment of Status (Form I-485) or Consular Processing

• What It Is: Once your priority date becomes current, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, if you are in the U.S. Alternatively, if you are outside the U.S., you would go through consular processing at a U.S. embassy or consulate.
• I-485 Processing: When you file Form I-485, you may also apply for employment authorization (EAD) and advance parole (travel permit), which allows you to work and travel while your application is pending.
• Processing Time: The processing time for Form I-485 can vary, but it typically takes 8-14 months.

5. Green Card Approval

• What It Is: Once your I-485 is approved, you will receive your EB-3 green card in the mail. If you went through consular processing, you will receive an immigrant visa in your passport, allowing you to enter the U.S. as a permanent resident.
• Conditional Green Card: If your green card is based on a marriage that is less than two years old, you’ll receive a conditional green card, which is valid for two years. Otherwise, your green card will be valid for 10 years.

How Much Does EB-3 Visa Costs?

• PERM Labor Certification: Typically, the employer covers the cost of the PERM process, including attorney fees, which can range from $5,000 to $15,000.
• I-140 Petition: The filing fee for Form I-140 is $715, with additional fees for premium processing if desired.
• I-485 Application: The filing fee for Form I-485 is $1,440 for most applicants, which includes the biometrics fee. If you apply for EAD and advance parole, there may be additional costs.

How Pine Visa Can Help?

Navigating the process of changing your H-1B status to an EB-3 green card can be complex and time-consuming. Pine Visa specializes in assisting clients with every step of the green card process, ensuring that all paperwork is filed correctly and that deadlines are met. Our services include:

• PERM Labor Certification Support: We work with your employer to ensure that the recruitment process is completed efficiently and that the PERM application is filed correctly.
• I-140 Filing Assistance: Our team of experts will help your employer prepare and file the I-140 petition, including gathering the necessary documentation and filing for premium processing if desired.
• I-485 Preparation: Whether you’re adjusting your status in the U.S. or going through consular processing, Pine Visa will guide you through the I-485 application process, ensuring that everything is done correctly and on time.

Be Prepared, Stay Informed!

Transitioning from an H-1B visa to an EB-3 green card is a major step toward securing your future in the United States. While the process can be lengthy and complex, understanding each step and having the right support can make a significant difference. By following the steps outlined in this guide and seeking professional assistance from Pine Visa, you can increase your chances of a successful transition and start enjoying the benefits of permanent residency.

If you’re ready to begin the process, or if you have any questions, contact Pine Visa today. Our team is here to help you every step of the way.