Working on H-1B? Is a Green Card your next step?

What is a Green Card?

The Green Card isn’t a specific visa class; it encompasses several categories. Whichever one you fall under, however, holding a Green Card means you have permanent residency status in the US.

And, permanent means permanent as long as you follow local, state and federal laws as well as terms specific to your status, such as retaining residency. 

How many Green Cards are available?

The US government limits the number of Green Cards issued annually, and availability depends on the preference level for each immigration category. Additionally, it’s not a strict case of first-come-first-serve.

Within each group, there are preference levels and limits on the number of Green Card applicants per country of birth annually (which may be different from citizenship).

For example, family-sponsored visas have the highest preference and are allocated 226,000 visas annually.

Green Cards issued based on employment are subject to a cap of 140,000 globally. Individual countries receive 9800 of these 140,000 Green Cards, whether they have large populations (like China and India) or smaller populations (like Norway and Benin).

This combination of factors and levels leads to a great deal of competition for a limited number of Green Cards. It’s also the key reason to begin the Green Card application process early if you’re sure it’s what you want. 

Who’s eligible to apply for a Green Card?

The majority of employment applicants fall under one of the 3 preference tiers of the Immigrant worker sub-category. 

The difference between employment visa preference levels

Each immigrant worker preference level has:

• A different visa classification (E-B1, E-B2 or E-B3), though they’re all Green Card categories.
• 2802 visas per country (of birth, not citizenship) annually.
• Varying eligibility requirements, making some preference levels more competitive than others.

The more education and experience you have, the higher you fall within this preference structure, and the sooner you’ll be able to apply, and hopefully, receive your Green Card. 

What is the Diversity Immigrant Visa Program?

The US also has a Diversity Lottery (DV) programme with 50,000 Green Cards available for nationals of under-represented countries. You can begin the process of applying for your E-B2 (or relevant visa class) and participate in the DV lottery annually if you choose. But, before you do, here’s what you need to know:

• Only nationals of under-represented countries are eligible to apply - and these can change from year to year. Countries like Brazil, China, India, Pakistan and the United Kingdom (excluding Northern Ireland) are usually excluded. See your DV programme Green Card chances by country here.

• Eligible countries receive a quota of 7% of the total DV visas issued for the year (the number changes annually based on the number of eligible countries).
• If you’re selected, your spouse and dependents (who were on your lottery application) are also selected.

• Entry into the DV lottery is free (though you’ll pay for processing if you’re selected), but you must submit a new application annually as they don’t rollover.

• Details regarding the current year’s lottery are released in October, and the lottery itself takes place over November and December (specific dates change annually).

• Winning the lottery doesn’t automatically equal a Green Card. You must still meet the minimum criteria for immigration if selected (such as having a high school diploma or relevant years of work experience).

Keep in mind that several million people enter the DV lottery annually - and they’re all from under-represented countries. Your Green Card lottery chances vary from year-to-year based on the number of applicants.

The DV lottery isn’t necessarily the only immigration strategy you want to pursue - especially if you qualify for another category (such as the E-B1, E-B2 or E-B3).

It’s best to consult an immigration attorney before entering the DV lottery or beginning the application process for any US Green Card class. 

What are the chances you’ll get a Green Card?

In general, anyone who wants a Green Card and meets basic criteria can apply. The 3 basic criteria require that you:

• Don’t pose criminal, health, security or financial threats to the United States.
• Have not previously broken American immigration regulations.
• Meet the minimum standards for the class you wish to apply under (such as education, family relationships, or minimum financial investment)

Simply meeting these obligations doesn’t guarantee you a Green Card. Moreover, there aren’t any odds or stats you can use to predict whether you’ll make it through.There are many paths to permanent residency and the number of applicants in the running changes daily.

However, if you wish to remain in the US on the career path that you’re on, you don’t have any other choice but to apply for a Green Card, whether you pursue an employment-based, family based, investment-based or any other permanent resident category. 

When to start the H-1B to Green Card Process

Because Green Card applications take years to complete, many working internationals hope to begin the process as soon as they receive their H-1B visas - in other words, as soon as it’s safe to do so.

While the steps for Green Card through employment are quite straightforward, you should be certain it’s the path you want to follow before you start the process. You’ll especially want to consider:

• Your employer starts the process and files the initial petition for you. This costs time and money. And, your employer must advertise a job opening for your position, which could put you out of your current job.

• After your employer petitions to start your US Green Card application process, you’ll need to stay in your current position (or very close to it) until it’s time to submit your application - which can take years. This limits promotions, raises and the ability to move between states.

In some cases, it makes sense to work for a few years on your H-1B before you apply for a Green Card through your H-1B visa, to ensure your job and location are a great match for your goals and priorities. After you receive your H-1B, chat with your employer, your immigration lawyer and any relatives involved in your decision before launching an application.

H-1B visa to Green Card application process: a step-by-step guide

The process to get a Green Card in the USA is fairly simple. When you’re ready to begin, here’s what you need to know to apply for your Green Card - and what to do if your H-1B visa will expire before you can submit your application. Here are the steps involved in the Green Card application process:

Step 1: Your employer applies for your PERM certification

Your employer must apply for a Permanent Labor certification, which establishes the extent of your salary and other benefits. A recruitment process is also undertaken to ensure that there are no qualified US workers for the same position.

The processing time for your PERM certification is usually 4 to 6 months, although, for those of you who are worried about how to get a Green Card fast, you can speed up the process for an additional fee of USD $1,225.

Step 2: Your employer submits Form I-140

The next step entails your employer submitting form I-140, which determines your preference level and your priority date. The cost of submitting this form is USD $580. Your priority date is of utmost importance because you can’t move on to the next step until you receive a priority date.

Step 3: Submit Form I-485

Form I-485 is the actual Green Card application. Following the submission of the form, you will be asked to appear for an interview. Once your form is approved, you get a stamp on your passport, after which your Green Card arrives by mail.

Once you have applied for your Green Card, you can check the status of your application online.

It is also possible to apply for your Green Card without an H-1B visa, but getting a Green Card is a long process and having an H-1B visa makes the process a lot easier.

Do this 1 thing while waiting for your Green Card

As Green Card processing can take years, most applicants put a lot of energy into improving their credit profiles. If it hasn’t been your focus before, it’s critical to get started now.