How Long to Get a Green Card on H-1B Visa?

The time it takes for an H-1B visa holder to get a green card depends on several factors, mainly the applicant’s country of birth, the green card category, and processing backlogs.

For most H-1B holders, the path is through employment-based green cards (EB-2 or EB-3 categories). Here is a general breakdown:

• PERM Labor Certification: This step, where the employer proves no qualified U.S. worker is available, usually takes 6 to 12 months if there are no audits.

• I-140 Petition (Immigrant Petition for Alien Worker): Once PERM is approved, the employer files Form I-140. Processing can take 6 to 9 months, though premium processing can reduce it to about 15 days.

• Priority Date Waiting Time: This is the biggest factor. For applicants from countries with high demand like India and China, waiting times can be very long due to visa backlogs.

o For India, the wait can often be 10 to 15 years or more.

o For China, it can be 5 to 7 years.

o For most other countries, it may be 1 to 3 years once the I-140 is approved.

• Adjustment of Status (I-485): Once the priority date is current, the applicant can file for a green card. This stage usually takes 8 to 14 months.

So, an H-1B visa holder may get a green card in as little as 2 to 3 years if they are from a country with low demand, but for those from India or China, it can take a decade or longer.