Can an H1B US Work Visa Be Converted to a Green Card?
Can an H1B US Work Visa Be Converted to a Green Card?
Date: January 27, 2025 / Category: Blogs, H-1B Visa, TR
Author: Asım Kılınç, Immigration Lawyer, CK Law Firm
For Turkish citizens who want to work and establish a long-term life in the United States, the H-1B work visa is a crucial step. However, many people wonder whether their H-1B visa can be converted into a Green Card after finding work opportunities. In this article, I specifically examine the process of converting an H-1B visa to a Green Card, along with the following:
- Career in America with an H1B Visa
- What is a Green Card?
- Green Card Process
- Is it possible to get a Green Card with an H1B Visa?
- Tips for Switching from H1B Visa to Green Card
In this article, I address the topics I mentioned above. If you have any questions beyond these topics, please contact me in the comments section of this blog or through CK Law Firm's official website. For more information on specific topics or my consulting services, please contact me on LinkedIn.
Career in America with an H-1B Visa
The H-1B visa is a work visa designed for Turkish professionals who want to work in skilled trades in the US. This visa is typically granted to individuals specializing in technology, engineering, healthcare, and academia. Therefore, professional fields such as software engineers, doctors, and university professors are prominent among H1B visa applicants.
H-1B visa applications begin with employer sponsorship. Professionals then gain the right to work in the US. However, it's important to remember that this visa is valid for a limited period. The initial validity period for an H1B visa is three years. You can then extend it for up to six years. You can also obtain a Green Card and obtain permanent residency with an H1B visa.
What is a Green Card?
A Green Card is a document that grants permanent residence and the right to work in the United States. Officially known as a "Permanent Resident," this card grants holders the right to live and work in the United States without a fixed-term visa. Holders of this card can also apply for US citizenship after meeting certain requirements.
Ways to Obtain a Green Card
- Family-Based Green Card: A program for immediate family members of U.S. citizens.
- Employment-Based Green Card: This is the most common option for individuals with an H-1B visa.
- Green Card Lottery (Diversity Visa): Offered annually with a random draw from certain countries.
Green Card Process
The Green Card process involves many steps and often involves a long waiting period. The H1B US work visa and the Green Card process begin with employer sponsorship. The employer must complete critical steps such as PERM certification and the I-140 form.
What is PERM Certification?
PERM certification is a process by which an employer proves that no eligible American citizen or permanent resident is available in the US labor market for the position you're applying for. It's documentation that demonstrates the employer has completed fair hiring processes and needs you for the position.
What is Form I-140?
Form I-140 is an application form submitted by an employer to USCIS (U.S. Citizenship and Immigration Services) that certifies that the employer supports your Green Card application and is willing to employ you. It also demonstrates the employer's financial capacity and ability to meet the requirements of the position being applied for.
These two steps form the cornerstone of the Green Card process and must be completed completely. Providing accurate information and documentation at each stage is crucial. This will further increase your application's chances of approval.
Green Card Fees
The costs Green Card applicants must pay are a significant part of the process. Here are the basic Green Card fees that can be incurred during the process:
- Filing Fees: Typically $1,200 to $1,500
- Biometric Processing Fee: $85
- Form I-485 Fee: Approximately $1,140
However, an employer-sponsored Green Card application may include expenses covered by the employer. These fees, which the applicant will cover out of pocket, are crucial. Timely and complete payment of all these fees ensures a smooth application process.
Green Card Application Dates
Green Card application deadlines are determined by the "Visa Bulletin," published monthly by the U.S. Citizenship and Immigration Services (USCIS). This bulletin details the application category and the applicant's country of origin.
Applicants should carefully monitor the cut-off dates for processing their applications. The Visa Bulletin helps you understand where you are in the application process and allows you to regularly check your progress.
While H1B visa applications are typically expected to open in April each year, there's no specific date for Green Card applications. Therefore, it's important to regularly monitor USCIS announcements. You can find the latest industry news and developments on our News page.
Is it possible to get a Green Card with an H-1B Visa?
After working in the US for a certain period of time, H-1B visa holders can apply for a Green Card using an H1B US work visa. This process is typically initiated by employer sponsorship and is known as an "Employment-Based Green Card" (EB Green Card). The basic steps in this process are as follows:
- PERM Certification: Employer proves that there are no U.S. workers available for the job position.
- Form I-140: Confirms the employee's Green Card eligibility and intent to hire.
- Waiting Times: Can vary based on job category or country of origin.
H-1B visa holders can begin the Green Card process by following these steps. Proper planning and support are crucial for a successful outcome.
Tips for Switching from an H-1B Visa to a Green Card
After applying for an H-1B visa and paying the H-1B visa fee, professionals who begin working in the United States can transition to a Green Card to make their residency permanent. There are several key points to consider during this process:
- Plan: It's important to start your Green Card journey early and plan for the process during the early years of your H-1B visa.
- Get Expert Help: The Green Card process can be complex, so don't hesitate to seek professional help.
- Keep Your Documents Prepared: Preparing the necessary documents in a timely and complete manner helps the process move quickly.
- Understand Quotas and Waiting Times: Some professions have long waiting times, which can impact your application strategy.
In this article, we've covered the details of the H1B US work visa and Green Card processes. However, if you have any further questions, please feel free to contact us in the comments section of this blog or on our website. For specific questions or to benefit from my consulting services, you can also reach me on LinkedIn.