Overview
The H-1B to employment-based green card path is the most traveled route to permanent residence for skilled foreign workers in the United States. It is an employer-sponsored process, meaning your employer must be willing to petition on your behalf and fund most of the filings. You cannot self-petition through this path — an employer sponsor is required throughout.
The process has four distinct phases: PERM labor certification (proving no qualified US worker is available for your role), I-140 immigrant petition (establishing your eligibility for the green card), waiting for your priority date to become current (which can take months to decades depending on your country of birth), and finally adjustment of status or consular processing (the final step to receive your green card).
- A willing US employer sponsor
- A qualifying job offer (full-time, permanent position)
- A degree or equivalent experience matching the role
- Valid H-1B status (or other valid nonimmigrant status)
- DOL (Department of Labor) — PERM
- USCIS — I-140 and I-485
- DOS (State Dept) — Visa Bulletin and consular processing
Who Qualifies
To pursue an employment-based green card through the EB-2 or EB-3 category, you and your employer must meet several requirements:
Employee Requirements
- Hold a valid nonimmigrant status (H-1B is the most common but not required)
- Have the education and experience required for the sponsored position
- EB-2: Advanced degree (Master’s or equivalent) or exceptional ability
- EB-3: Bachelor’s degree for skilled worker category; high school diploma for other workers
- Not be inadmissible to the United States
Employer Requirements
- Must be a legitimate US employer with a genuine job opening
- Must be able to demonstrate ability to pay the prevailing wage
- Must conduct a good-faith recruitment effort showing no qualified US worker is available
- Must file the petition in good faith — the position must be permanent and full-time
EB-2 vs EB-3 — Which Category?
Your employer and immigration attorney will determine which category applies. Here is how they differ:
| Factor | EB-2 | EB-3 |
|---|---|---|
| Degree requirement | Master’s or advanced degree | Bachelor’s degree |
| Exceptional ability option | Yes — EB-2 exceptional ability | No |
| NIW (self-petition) option | Yes — EB-2 NIW | No |
| Priority date availability (most countries) | Often current | Often current |
| Priority date availability (India-born) | Multi-year backlog | Multi-year backlog |
| Can downgrade EB-2 to EB-3 | Yes — to use earlier priority date | N/A |
One important strategy: if you have an approved EB-2 I-140 but the EB-3 priority date is more current for your country of birth, it is possible to file a new EB-3 I-140 and port your earlier priority date from the EB-2 approval. Consult an attorney about whether this makes sense for your situation.
Step 1 — PERM Labor Certification
PERM (Program Electronic Review Management) is a DOL process where your employer must demonstrate that there are no qualified, willing, and available US workers for the position being offered to you. This is the foundation of the EB-2 and EB-3 process.
When should you start PERM? If you’re on H-1B, your 6-year clock determines how urgently you need to begin. AC21 §106(a) requires filing PERM at least 365 days before your H-1B limit. Miss that deadline and you lose access to H-1B extensions. Enter your H-1B start date below to find your exact deadlines.
Step 2 — I-140 Immigrant Petition
After PERM certification, your employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS. This petition establishes that you qualify for the EB-2 or EB-3 category and that your employer can pay the required wage.
Premium Processing
I-140 is eligible for premium processing (currently $2,805 (as of early 2026)). With premium processing, USCIS adjudicates within 15 business days. Without premium processing, standard times are currently 6–12 months. Given the impact on your priority date and timeline, many employers opt for premium processing.
Why I-140 Approval Matters Beyond the Green Card
An approved I-140 gives you significant benefits even before your green card is issued:
- H-1B extensions beyond the 6-year cap in 1-year or 3-year increments (if priority date is more than 1 year old)
- Priority date preservation if your employer withdraws the petition after 180 days
- Ability to change employers using AC21 portability rules
- H-4 EAD eligibility for your spouse (if applicable)
Step 3 — Priority Dates
Your priority date is the date your PERM was filed (or I-140 filed for EB-1 categories without PERM). It determines your place in the green card queue. The US government issues a limited number of employment-based green cards each fiscal year per country, which creates backlogs for oversubscribed countries.
Every month, the State Department publishes the Visa Bulletin which shows two date charts: Final Action Dates (when applicants can actually file for a green card) and Dates for Filing (when you may be able to file in some cases). When your priority date is earlier than the published cut-off date for your category and country, your date is “current” and the applicant can proceed.
Step 4 — Filing for Your Green Card
Once your priority date becomes current, applicants can file for a green card through either Adjustment of Status (I-485) if you are in the US, or Consular Processing if you are abroad or choose to go through a US consulate. See our dedicated guide (G-17) for a full comparison of these two approaches.
I-485 Package Typically Includes
- Form I-485 (Application to Register Permanent Residence)
- Form I-131 (Advance Parole — travel document while AOS pending)
- Form I-765 (Employment Authorization Document)
- Medical examination (Form I-693)
- Supporting documents (birth certificate, passport photos, etc.)
- Filing fees (currently $1,440 (as of early 2026) for most applicants)
Once I-485 is filed, you typically receive a biometric appointment within a few months and may be called for an interview (though many employment-based cases are interview-waived). Upon approval, you receive your green card (Form I-551) — valid for 10 years and renewable indefinitely.
Concurrent Filing
If your priority date is current at the time your I-140 is filed (or becomes current quickly), you may be able to file the I-140 and I-485 simultaneously. This is called concurrent filing and is particularly common for workers from countries without significant backlogs.
Concurrent filing has significant advantages: you receive work authorization (EAD) and travel authorization (Advance Parole) while your case is pending, you are not dependent solely on your H-1B status, and you have more flexibility if employment circumstances change.
Changing Jobs Mid-Process
Job changes during the green card process are possible but require careful handling.
Before I-140 Approval
If you change employers before PERM is certified or before I-140 is approved, the process typically must restart with the new employer. The old employer’s PERM and I-140 cannot transfer.
After I-140 Approval (AC21 Portability)
Once your I-140 has been approved and your I-485 has been pending for 180 or more days, you may change employers to a same or similar occupational classification without jeopardizing your green card process, under AC21 portability rules. The new position must be in the same or similar occupational classification (same SOC code or closely related field).