H-1B · Employment-based GC
H-1B to Green Card
2 min read
A practical map of how many workers in H-1B status pursue lawful permanent residence through the employment-based preferences, especially EB-1, EB-2, and EB-3.
H-1B in one minute
The H-1B is a temporary nonimmigrant visa for specialty occupations. It is tied to an employer and (with extensions) commonly used for several years while someone works in the United States. It is not a green card by itself.
Many people who eventually get a green card through work spend part of their career in H-1B while their employer pursues permanent sponsorship. H-1B can be renewed or extended in various situations (including while a green card process is underway), subject to rules and caps. Details matter for your case.
The usual employment-based “stack”
For most EB-2 and EB-3 cases based on a job offer, the big pieces are:
- Prevailing wage & recruitment (PERM labor certification). The employer tests the labor market and obtains DOL certification for the role (when required). This is where PERM processing times matter.
- Form I-140 (Immigrant Petition for Alien Worker). USCIS adjudicates the employer’s petition for the chosen preference category (EB-1, EB-2, or EB-3, depending on the case).
- Green card application. Often Form I-485 (adjustment of status) if you are in the U.S. and eligible, or consular processing abroad. Timing depends on visa bulletin priority dates and per-country limits.
EB-1 routes often skip PERM (no labor certification) because the law does not require it for those categories. Eligibility rules are different and often stricter in other ways.
EB-1, EB-2, and EB-3: what the labels mean
“EB” stands for employment-based immigrant preference. Congress allocates green card numbers across first, second, and third preferences (plus other categories not covered here). Below is a simplified comparison.
| Category | Who it often fits (simplified) | PERM / labor cert? |
|---|---|---|
| EB-1 | First preference: includes EB-1A (extraordinary ability), EB-1B (outstanding professors/researchers), EB-1C (certain multinational managers/executives). Criteria are high; subcategories differ. | Typically no PERM for these EB-1 paths. Different rules apply. |
| EB-2 | Second preference: usually advanced degree or exceptional ability. Often used by professionals with a master’s or higher (or bachelor’s plus experience), or those who qualify for a National Interest Waiver (NIW) (which can waive the job offer and PERM requirement in qualifying cases). | Yes for employer-sponsored cases with a labor certification, unless NIW or another exception applies. |
| EB-3 | Third preference: skilled workers, professionals with a bachelor’s, and certain other workers. Very common in employer-sponsored flows. | Yes for typical PERM-based professional cases (subject to DOL rules for the specific job). |
“Faster” or “slower” depends on visa availability (priority date and chargeability), not the category label alone. Some EB-1 paths can be faster when numbers are available; EB-2 and EB-3 can face long waits for nationals of high-demand countries.
Where H-1B fits
H-1B is a nonimmigrant bridge: you can work lawfully while your team (you, your employer, and your attorneys) advances the green card steps. Many people have an approved I-140 before their priority date is current; others may use AC21 portability rules in certain situations after I-140 approval. Policy specifics belong in a legal consult.
Related tools on this site
- Timeline calculator models PWD to PERM to I-140 style ranges using indicative assumptions.
- DOL PERM trends with charts from published disclosure data (median days, outcomes, and more).
More visa paths (coming soon)
We plan to add guides for other common routes, such as O-1 or L-1, in the same guides hub. Each path has different strengths and filing requirements; the hub will list them as they go live.