The Relationship Between H-1B Visas and EB Based Green Card Status
Author: Attorney Jian Joe Zhou (jzhou@hooyou.com)
Introduction:
The relationship between H-1B visas and green card status is a critical topic in U.S. immigration system, especially for foreign professionals pursuing long-term employment in the country. Understanding how these two immigration pathways intersect can help employers and employees navigate the complex process more effectively.
H-1B Visas:
The H-1B is a non-immigrant visa that permits U.S. employers to hire foreign workers for specialty occupations—roles requiring specialized knowledge and typically a bachelor’s degree or equivalent experience. Initially granted for up to three years, the visa can be extended to a maximum of six years, though certain exceptions (such as pending green card applications) may allow further extensions.
Green Cards:
A green card, formally known as a permanent resident card, grants an individual the right to live and work in the U.S. indefinitely. The employment-based green card process for professionals or skilled workers typically involves multiple steps: obtaining labor certification (PERM), filing an I-140 petition, and adjusting status to permanent residency. Some special categories, such as EB-1A and EB-2 NIW, can skip the PERM process. The timeline varies widely—sometimes taking years—depending on the foreign worker’s country of birth and immigration petition category, due to fiscal immigrant visa quotas and retrogression.
Relationship Between H-1B and Green Card:
Legally, there is no direct connection between H-1B status and obtaining a green card; they are distinct immigration categories. Holding H-1B status will not lead to green card automatically;, while H-1b is also not a prerequisite for getting green card.
In practice, however, many employment-based green card applications originate from H-1B holders for two key reasons:
Performance Assessment: Employers often treat the H-1B period as a trial phase to assess an employee’s performance before committing to the costly and time-intensive green card sponsorship process. This allows businesses to ensure the employee is a good long-term fit.
Processing Delays: The green card process can take years due to backlogs, particularly for applicants from high-demand countries like India or China. By securing an H-1B visa first, employers ensure the employee can work legally without interruption in the U.S. while awaiting green card approval.
Additionally, H-1B holders is eligible for extension beyond the six-year limit if the PERM or I-140 petition has been moved forward to a certain stage, bridging the gap between temporary and permanent residency.
Pathways Without H-1B:
A green card can also be obtained without ever holding an H-1B visa. For example:
Students on OPT: Foreign graduates in the U.S. on Optional Practical Training (OPT)—especially those with STEM OPT, which lasts up to total three years—may transition directly to a green card if their employer initiates the process early. This is very feasible for foreign workers born in countries with minimal visa retrogression, where green card processing aligns with the OPT timeline.
Direct Recruitment from Abroad: Employers may recruit workers overseas and sponsor them for a green card without an H-1B, using consular processing after completing PERM (required for most EB-2 and all EB-3 categories) and I-140 approval. This skips the H-1B step entirely.
These pathways depend on factors like timing, employer’s business needs, and visa availability.
Conclusion:
While H-1B visas and green cards lack a formal legal link, their practical overlap stems from employer strategy and processing realities. Nevertheless, alternative routes to permanent residency exist that bypass the H-1B entirely. The best path depends on the individual’s circumstances, employer preferences, and the broader immigration landscape.
About the Author
Attorney Jian Joe Zhou is a Managing Partner at Zhang & Associates, P.C., with over 20 years of experience in business immigration law. He has successfully handled thousands of immigration cases, including complex H-1B petitions across various industries.
For legal inquiries, you may contact Attorney Zhou at jzhou@hooyou.com.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past
over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, P.C.
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(03/02/2025)