How to Convert Your H-1B Visa to a Green Card: Complete Adjustment of Status Guide
The adjustment of status from an H-1B Visa to a Green Card is a common path for many foreign professionals who wish to permanently settle in the United States. However, this process can be complex and full of challenges. Here, we explain the details and best solutions.
What is the H-1B Work Visa?
The H-1B Visa is one of the most popular visas for those looking to develop their careers in the U.S. This visa allows individuals to work in the country temporarily, provided they meet education and specialized skill requirements. In 2023, the annual cap for H-1B visas was 85,000, including 20,000 reserved for graduates with advanced degrees from U.S. institutions.
The H-1B is issued for an initial period of 3 years and can be renewed for an additional 3 years, up to a maximum of 6 years. After this period, a 10-day grace period is granted for the foreign worker to return to their home country unless they find a pathway to permanent residency.
Many decide to seek paths to obtain Permanent Residency to extend their stay and work opportunities indefinitely. Achieving this goal can be a true challenge due to the numerous procedures required and the time needed to complete them.
Why Pursue a Green Card?
Obtaining a Green Card allows H-1B holders to stay and work in the United States indefinitely. However, the process can be lengthy and bureaucratic.
In 2023, the average waiting time for an employment-based Green Card ranged from 12 to 36 months, depending on the category and USCIS workload.
Process to Convert an H-1B Visa to a Green Card
The adjustment of status process involves multiple steps, and it’s crucial to understand each one to avoid mistakes that could delay the application.
1. PERM Labor Certification
The first step for most employment-based Green Cards is the Labor Certification (PERM), a process designed to protect U.S. workers. The employer must prove that no qualified U.S. workers are available for the position. This process can take between 6 and 18 months.
The employer must post the job opening for 60 days and document any attempts to hire U.S. citizens who meet the requirements. According to the Department of Labor, over 30% of PERM applications are initially denied due to errors or insufficient evidence.
2. Filing the I-140 Petition
Once the Labor Certification is approved, the next step is to file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). This form certifies the foreign worker’s eligibility for a Green Card in a specific employment category. Filing fees for the I-140 start at $700, not including potential legal fees.
3. Adjustment of Status or Consular Processing
Once the I-140 Petition is approved, there are two ways to obtain the Green Card:
- Adjustment of Status: If the applicant is already in the U.S., they can apply for an adjustment without leaving the country. This process can take several months.
- Consular Processing: If the applicant is outside the U.S., they must go through consular processing, which may be faster but requires travel.
In 2023, the total cost of the adjustment of status process (including government fees) ranged from $4,000 to $10,000, depending on legal fees.
EB-5 Program: An Efficient and Fast Alternative
For those seeking a quicker path, the EB-5 Immigrant Investor Program could be a viable solution. This program grants a Green Card in exchange for a minimum investment of $800,000 in a commercial project that creates at least 10 full-time jobs for U.S. workers.
Although the investment is substantial, the EB-5 can reduce the waiting time to less than 24 months, compared to the 10-year wait that some H-1B holders face due to limited quotas.
This, means that H-1B visa holders can bypass common obstacles in the traditional process and expedite their path to permanent residency.
This program allows foreign investors to obtain a Green Card by investing in U.S. commercial projects that create jobs. Although it requires substantial investment, this path offers a faster and more predictable route to permanent residency, avoiding some obstacles associated with transitioning from an H-1B Visa.
In conclusion, the EB-5 investment is a strategic alternative, expediting much of the slow process of achieving Permanent Residency from an H-1B Work Visa.
Investing in BAI Capital is investing in the United States
With a presence in the real estate sector in the states of Florida, Texas, and New York, BAI Capital specializes in generating value from land acquisition to the development of mixed-use projects, such as student housing and multifamily rental buildings with mixed-use spaces, including apartment buildings and retail (commerce-restaurant).
Our mission is to safeguard the capital of our partners and our own capital with minimal risk exposure. We ensure secure development by going through all the stages: land acquisition, urban zoning adjustments, commercial vision in architectural development, and management of building permits. We then take charge of the capitalization, construction, and exit strategy, with the return of capital and profits to our partners, guaranteeing better returns than those offered by the market.
In this way, we ensure fixed and stable returns for our client portfolio. Additionally, we operate under a confidential work protocol with encrypted web forms, protected personal data, and private meetings with our agents in the United States, Latin America, Europe (Italy), and Asia (Vietnam).
You already know how to convert your H-1B Visa into a Green Card. If you are looking for investment opportunities with high returns in real estate, or to invest in projects that qualify for the EB-5 Investor Visa and thus obtain a Green Card, please complete our form and an agent will contact you.
