--- title: Can You Apply for a Green Card With the H-1B Visa? | My Visa Source description: Are you a H-1B holder? Find out how you can apply for an employment-based Green Card. Click to read more about this topic! image: https://www.myvisasource.com/hubfs/logo-for-facebook2.png --- [![ClickCease](https://monitor.clickcease.com/stats/stats.aspx)](https://www.clickcease.com) [###### Planning on entering the United States or Canada this year or in 2027? Avoid potential issues by consulting with a licensed immigration professional. 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More From My Visa Source [ Immigration Tools ](https://www.myvisasource.com/tools/) [ Express Entry CRS Calculator ](https://www.myvisasource.com/canadian-immigration/permanent-residence/express-entry/ee-crs-chatbot/) [ Language Point Calculator ](https://www.myvisasource.com/tools/ielts-celpip-tef-calculator/) [Twitter](https://twitter.com/MyVisaSource) [Facebook](https://www.facebook.com/MyVisaSource) [LinkedIn](https://www.linkedin.com/company/my-visa-source-law-mdp) US Immigration News # Can You Apply for a Green Card With the H-1B Visa? 3.75 minute read "An H-1B Visa is a nonimmigrant visa and is not itself a direct pathway for permanent residence in the United States. However, that does not mean that foreign nationals with an H-1B Visa can not apply for permanent residence. There are several employment-based pathways for H-1B Visa holders who want to immigrate to the US." Written by My Visa Source Team Published on:  Sep 12, 2021 ![happy woman with a us passport my visa source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/200kb/happy-woman-with-a-us-passport-my-visa-source-200KB.jpg) Begin your immigration journey now Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out. [Free Assessment▸ ](https://www.myvisasource.com/free-assessment) Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions. [Call Us Now▸ ](tel:1-888-509-1987) Recommended For You Author info: An H-1B Visa is a nonimmigrant visa and is not itself a direct pathway for permanent residence in the United States. However, that does not mean that foreign nationals with an H-1B Visa can not apply for permanent residence. There are several employment-based pathways for H-1B Visa holders who want to [immigrate to the US](https://www.myvisasource.com/usa-immigration/).  Since the [H-1B Visa](https://www.myvisasource.com/usa-immigration/us-work-visas/h-1b/) is temporary, it usually lasts up to 6 years. Once the validity of the visa expires, the H-1B Visa holder is expected to voluntarily leave the country or have an employer sponsor their application for permanent residence.  ## **What Is the Employment-Based Pathway for H-1B Visa Holders?** H-1B Visa holders can apply for an employment-based [Green Card](https://www.myvisasource.com/usa-immigration/permanent-residence-green-card/) if their employer is willing to sponsor their application for permanent residence. The employer will be required to pay a certain fee to sponsor the foreign national’s application.  Therefore, this pathway is generally opted by well-educated employers hiring highly-skilled workers who significantly contribute to the business with their skillset.  Applying for an employment-based Green Card involves the following steps: ### **PERM Labor Certification:**  The employer will be required to file a PERM application to hire a foreign worker. The Program Electronic Review Management (PERM) system manages the paperwork with the US government. The PERM ensures that: - No one from the current pool of US workers involving US citizens, permanent residents and other authorized noncitizens is qualified, available or willing to perform the job position offered to the foreign worker - The salary offered for the position is relevant to the prevailing wage rate in the current labor market The PERM labor certification protects the US workers and the H-1B Visa holders from getting lower than relevant wages for their job.  ### **File Form I-40:**  The employer will be required to advance the Green Card process by filing Form I-140, Immigrant Petition for Alien Workers. After this petition is approved, the immigrant worker will get a “priority date.” This priority date will mark where the application stands in line. The foreign worker needs to maintain their legal status in the US while their application is being processed. You may be able to request a visa extension in 1-year increments if your labor certification or I-40 petition was filed 1 year before the 6-year limit expired. ### **File Form I-485:**  Once Form I-140 is approved, you can apply for Adjustment of Status to permanent residency. This way you will continue to have valid immigration status throughout the process. You can adjust your status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. The Adjustment of the Status process may take up to several months. But once this application is approved, you will be issued a Green Card. ### Subscribe to our magazine to stay up to date with Immigration news ## **What Is Job Portability?** It is advisable to request job portability since you may switch jobs while your application is still being processed. This could be for many reasons including the job not being available anymore, the business being gone out of business, or finding a better job opportunity. Requesting job portability is recommended for individuals who: - File Form I-485 properly based on an approved or pending Form-140 that names the principal beneficiary - Have a pending Form I-485 with the USCIS for 180 days or more since the receipt date - Received either a new, permanent job offer from a US employer in the same occupation as the job mentioned in the original Form I-140 and would like to request to use the new job offer on Form I-485, or - Received a Request for Evidence (RFE) or NOID from the USCIS about a pending Form I-485 to confirm the new job offer in Form I-140 or a previously filed Supplement J is still available or  - Received a NOID from the USCIS regarding your Form I-485 because your petitioner had withdrawn the Form I-140 or the petitioner’s business has gone out of business  You must request job portability before your application for Adjustment of Status is approved by the USCIS. This request must include the following: - Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability  - Employment verification letter to confirm that your offer of permanent employment exists - Any other documentation required to establish your eligibility for job portability ## **What Are the Dual Intent Benefits of an H-1B Visa?** Despite being a nonimmigrant visa, the H-1B Visa holder can apply for permanent residence without affecting their status. The H-1B Visa is a dual intent visa recognized in the [Immigration Act of 1990](https://en.wikipedia.org/wiki/Immigration_Act_of_1990). Dual intent allows noncitizens to come to the US to apply for permanent residence.  Questions About Immigration? My Visa Source Has Answers. My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. 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[ Book a Consultation ](https://www.myvisasource.com/book-a-consultation) [ Free Assessment ](https://www.myvisasource.com/free-assessment) ![US Flag](https://www.myvisasource.com/hubfs/3d%20Model%20Stills/Service%20Page%20compressed/usFlag5_trimmed.webp) Latest Articles from Immigration Magazine [![new-normal-spelled-with-blocks-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/new-normal-spelled-with-blocks-my-visa-source-50kb.jpg) US Immigration President Biden Reverses Trump’s Ban on Legal Immigration US President Joe Biden issued an executive order to end the Trump Immigration Restrictions on new Green Cards on March 1, 2021.Former US President Donald Trump halted 4 types of immigration visas including the issuing of Green Cards as a measure to protect the US job market for US citizens. ](https://www.myvisasource.com/blog/usa/biden-reverses-trumps-ban-legal-immigration) [![woman-working-at-desk-on-laptop-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/woman-working-at-desk-on-laptop-my-visa-source-50kb.jpg) US Immigration 9 Paths to Legally Work in the US for Foreign Nationals in 2021 ](https://www.myvisasource.com/blog/usa/work-legally-united-states-2021) Thousands of skilled workers all over the world seek to immigrate to the United States for better job opportunities and a higher standard of life.Based on your skills and experience, financial resources and purpose for immigrating, the US government offers several immigration pathways for foreign workers. [![cartoon-action-plan-checklist-on-clipboard-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cartoon-action-plan-checklist-on-clipboard-my-visa-source-50kb.jpg) US Immigration President Biden’s 8 Year Plan in Immigration Policy and Plan ](https://www.myvisasource.com/blog/usa/bidens-immigration-policy-plan) Only after a week of taking office, US President Joe Biden introduced a comprehensive immigration agenda to be referred to Congress. This new plan seeks to “restore humanity and American values to the US immigration system. OVER A DECADE, WE’VE DEMOCRATIZED AND SIMPLIFIED IMMIGRATION. IT’LL TAKE LESS THAN 1 MINUTE TO FILL OUR ONLINE ASSESSMENT AND A TEAM MEMBER WILL FOLLOW UP WITH YOU. [Get Started](https://www.myvisasource.com/free-assessment) [![hands-holding-hourglass-in-the-sunlight-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/hands-holding-hourglass-in-the-sunlight-my-visa-source-50kb.jpg) US Immigration 5 Tips to Speed Up Your US Immigration Processing ](https://www.myvisasource.com/blog/usa/ways-speed-up-your-usa-immigration-processing) If you are planning to immigrate to the United States, then the paperwork alone can seem overwhelming. The US immigration process involves long and complicated steps and requires an in-depth understanding of the process to submit a successful application. [![lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source-50kb.jpg) US Immigration H-1B Selection Process Changes by Prioritize Wages ](https://www.myvisasource.com/blog/usa/h-1b-selection-process-changed-prioritize-wages) The US Citizenship & Immigration Services (USCIS) announced on January 7, 2021, concerning a final rule change in the H1-B Visa cap selection process. The USCIS announced that the final rule will affect the selection process of lottery procedures and will prioritize wages to protect the interests of US workers. [![cross-section-of-usa-visa-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cross-section-of-usa-visa-my-visa-source-50kb.jpg) US Immigration US Employment-Based Visas for Foreign Permanent Workers ](https://www.myvisasource.com/blog/usa/employment-based-visa-permanent-workers) Do you want to move to the United States for permanent work? Are you confused about where to start? The US government offers a set of Employment-Based Visa programs for foreign workers who want to immigrate to the US. [![female-nurse-happy-and-excited-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/female-nurse-happy-and-excited-my-visa-source-50kb.jpg) US Immigration Immigration to the United States as a Nurse ](https://www.myvisasource.com/blog/usa/immigration-usa-as-nurse) Are you a professional and experienced nurse looking to immigrate to the United States? The US is always looking for well-experienced healthcare workers, especially workers to fill the shortage in their local labor markets. [![medical-technician-working-over-microscope-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/medical-technician-working-over-microscope-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Medical Technologist ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-medical-technologist) Are you a professional medical technologist wanting to immigrate to the United States? Are you confused about where to begin?The US is one of the most developed countries in the world with thriving job opportunities. The US considers people working in the medical profession as highly skilled workers. [![cheerful-construction-workers-discussing-work-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cheerful-construction-workers-discussing-work-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Construction Worker ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-construction-worker) The United States is a popular destination for foreign workers looking to achieve a higher standard of life. Thousands of immigrants travel to the US in the hope to achieve the American dream and a better lifestyle.This is not limited to only skilled foreign workers. Millions of immigrant workers from all over the world come to the US for low-wage and semi-skilled jobs. [![new-normal-spelled-with-blocks-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/new-normal-spelled-with-blocks-my-visa-source-50kb.jpg) US Immigration President Biden Reverses Trump’s Ban on Legal Immigration US President Joe Biden issued an executive order to end the Trump Immigration Restrictions on new Green Cards on March 1, 2021.Former US President Donald Trump halted 4 types of immigration visas including the issuing of Green Cards as a measure to protect the US job market for US citizens. ](https://www.myvisasource.com/blog/usa/biden-reverses-trumps-ban-legal-immigration) [![woman-working-at-desk-on-laptop-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/woman-working-at-desk-on-laptop-my-visa-source-50kb.jpg) US Immigration 9 Paths to Legally Work in the US for Foreign Nationals in 2021 ](https://www.myvisasource.com/blog/usa/work-legally-united-states-2021) Thousands of skilled workers all over the world seek to immigrate to the United States for better job opportunities and a higher standard of life.Based on your skills and experience, financial resources and purpose for immigrating, the US government offers several immigration pathways for foreign workers. [![cartoon-action-plan-checklist-on-clipboard-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cartoon-action-plan-checklist-on-clipboard-my-visa-source-50kb.jpg) US Immigration President Biden’s 8 Year Plan in Immigration Policy and Plan ](https://www.myvisasource.com/blog/usa/bidens-immigration-policy-plan) Only after a week of taking office, US President Joe Biden introduced a comprehensive immigration agenda to be referred to Congress. This new plan seeks to “restore humanity and American values to the US immigration system. [![hands-holding-hourglass-in-the-sunlight-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/hands-holding-hourglass-in-the-sunlight-my-visa-source-50kb.jpg) US Immigration The Provincial Nominee Program (PNP) in 5 Easy Steps ](https://www.myvisasource.com/blog/usa/ways-speed-up-your-usa-immigration-processing) If you’re considering coming to Canada and aren’t sure which immigration class makes the most sense for you, consider the Provincial Nominee program (PNP). While the immigration process in general is confusing, the PNP doesn’t have to be. Read on to learn about the five easy steps it takes to immigrate to Canada through the PNP - our Toronto lawyers can help. [![lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source-50kb.jpg) US Immigration H-1B Selection Process Changes by Prioritize Wages ](https://www.myvisasource.com/blog/usa/h-1b-selection-process-changed-prioritize-wages) The US Citizenship & Immigration Services (USCIS) announced on January 7, 2021, concerning a final rule change in the H1-B Visa cap selection process. The USCIS announced that the final rule will affect the selection process of lottery procedures and will prioritize wages to protect the interests of US workers. [![cross-section-of-usa-visa-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cross-section-of-usa-visa-my-visa-source-50kb.jpg) US Immigration 4 Reasons Your Visa Application is Taking Longer Than Expected ](https://www.myvisasource.com/blog/usa/employment-based-visa-permanent-workers) Waiting is often the hardest part of applying for one of Canada’s many immigration and visa programs. Since the process is complicated, many reasons exist that could be causing a delay. These four reasons are among the top culprits that make applications take longer than expected. [![female-nurse-happy-and-excited-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/female-nurse-happy-and-excited-my-visa-source-50kb.jpg) US Immigration Can I Work While Under A Canadian Visitor Visa? ](https://www.myvisasource.com/blog/usa/immigration-usa-as-nurse) Similar to the United States, Canada protects itself against labour problems by generally not allowing visitors to work under work permits. As such, most people will be unable to apply for a work permit while in the country for vacation or to visit family. [![medical-technician-working-over-microscope-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/medical-technician-working-over-microscope-my-visa-source-50kb.jpg) US Immigration Immigration to Canada from Pakistan ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-medical-technologist) One appealing characteristic of Canada is that it is a truly multicultural country. This can make it easy for newcomers to settle here, which is why many people consider immigrating to Canada from all corners of the world. [![cheerful-construction-workers-discussing-work-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cheerful-construction-workers-discussing-work-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Construction Worker ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-construction-worker) The United States is a popular destination for foreign workers looking to achieve a higher standard of life. Thousands of immigrants travel to the US in the hope to achieve the American dream and a better lifestyle.This is not limited to only skilled foreign workers. Millions of immigrant workers from all over the world come to the US for low-wage and semi-skilled jobs. 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