H-1B to Green Card: The Step-by-Step Guide to the PERM and I-140 Process

Moving from an H-1B visa to a U.S. Green Card is a long but achievable process. For most professionals, the journey goes through PERM Labor Certification and Form I-140, both of which are employer-driven and time-sensitive.

1 Overview: Employment-Based Green Card Stages

The employment-based green card process for most H-1B holders (typically under EB-2 or EB-3 categories) involves three main stages, often taking 2-4+ years:

• PERM Labor Certification (Department of Labor)

• I-140 Immigrant Petition (USCIS)

• I-485 Adjustment of Status or Consular Processing (USCIS/Department of State)

• This guide covers the first two critical stages, which secure your place in line for a green card.

Navigating the H-1B to green card transition: A visual guide to the PERM Labor Certification, I-140 Immigrant Petition, and I-485 Adjustment of Status processes.

2 Employer Sponsorship

The Green Card process is employer-driven for most H-1B beneficiaries. The employer must prove that they need a permanent employee for a specific job and that hiring the foreign national will not adversely affect the wages and working conditions of U.S. workers.

• Job Offer: A permanent, full-time job offer is required.

• Cost: The employer must generally pay all costs associated with the PERM process, including the recruitment and filing fees.
  

3. PERM Labor Certification

PERM proves that no qualified U.S. worker is available for the position.

Recruitment Process

• The employer has to see if they can find someone, in the United States to do the job. They must test the U.S. Labor market by:

• Posting internal job notices

• Advertising in newspapers and online portals

• Reviewing and documenting all U.S. applicants

The recruitment period takes at least 60 days.

4. Filing the PERM Application

After recruitment:

• The employer files the ETA Form 9089 on the computer. They do this by sending it over the internet. The ETA Form 9089 is a document for the employer to fill out. The employer has to make sure they fill out the ETA Form 9089 correctly. Then send it in electronically.

• Job duties, requirements, and work location must be accurate

Processing time: 6–12 months, longer if audited.

5. PERM Approval

• Processing Time: Currently 6-12+ months (no premium processing)

• Approval (Certification): Employer receives certified ETA-9089

• The audit risk is that thirty percent of applications are chosen at random to be audited. This audit process can add a six to twelve months. The applications that are audited, like the audit risk applications take a lot longer to be processed because of this step.

• Denial: Can re-file after addressing deficiencies
  

6. Filing Form I-140 (Immigrant Petition) (USCIS)

Once the PERM is certified, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. This step officially links the H-1B holder to the Green Card process.

• The employer has to show that they can pay the worker the wage they are offering. To do this the employer usually has to send in some papers like tax returns and annual reports when they file the I-140. This is basically the Employer Proof that the I-140 filing needs. The I-140 filing is very important. The employer has to be careful, with it.

• The employee needs to show proof that they have the qualifications. This means they have to give us things like their degree, transcripts and letters that show their work experience. All of these things must meet the requirements that are listed on the PERM application. The employee has to submit these things to prove they are qualified. The PERM application is very clear, about what's required so the employee needs to make sure they have everything they need.

• Premium Processing: The employer may elect to pay an extra fee to have USCIS adjudicate the I-140 within a specified timeframe (typically 15 calendar days).

5 Priority Date & Visa Bulletin

Your Place in Line

• The Priority Date is the date when the PERM is filed.. It can be the date when the I-140 is filed for the non-PERM categories. This is a date for the PERM and the non-PERM categories. The Priority Date, for the PERM categories is established when the PERM is filed. For the -PERM categories the Priority Date is established when the I-140 is filed.

• Visa Bulletin: Monthly publication showing which priority dates are current

• Backlogs Vary by country of birth:

• India EB-2/EB-3: Significant backlog (years to decades)

• China EB-2/EB-3: Multi-year backlog

• Rest of World (ROW): Usually current or minimal wait

• Final Step: Can only file I-485 when priority date is current in Visa Bulletin

6 How This Helps H-1B Extensions

An approved PERM or I-140 can allow things. For example it can help the person who filed the PERM or I-140.

• The approved PERM or I-140 is very useful for this person.

• It is good to have an approved PERM or I-140 because it can do a lot of things for the person who needs it.

• The main thing is that the approved PERM or I-140 can help this person in ways.

• Having an approved PERM. I-140 is very important, for the person who wants to use it.

• H-1B extensions beyond the 6-year limit

• Continued work authorization while waiting for a Green Card

Final Takeaway

• The PERM and I-140 stages are really important for the employment-based Green Card process.

• To get this right you need to plan and make sure you have all the correct documents.

• If you do this and file everything on time H-1B holders can keep their status safe. Get closer to becoming permanent residents with a Green Card.

• The PERM and I-140 stages are crucial, for people going through the employment-based Green Card process.

Good Luck