H-1B to Green Card: A Step-by-Step Employer-Sponsored Path

(UNITED STATES) A sharp rise in wait times for the first stage of the employment-based Green Card process has pushed the H-1B to Green Card journey further out of reach for many workers and their families, immigration lawyers and employer groups said this week, as new Department of Labor data show the average processing time for the PERM Labor Certification hovering around 499 days as of April 2025.

The delay at the Department of Labor, which must certify that no qualified U.S. worker is ready and available to take the sponsored job, is adding months—sometimes more than a year—to a path already stretched by country caps and tight visa number availability for nationals of India and China. Employers say the bottleneck is most visible in technology hubs where H-1B professionals form the backbone of high-demand roles, and workers say the slow pace is disrupting career plans, family travel, and long-term stability in the United States 🇺🇸.

Why the PERM delay matters

The PERM stage is the gateway for most employer-sponsored cases; without it, companies cannot file the employment-based immigrant petition on behalf of H-1B staff. Lawyers report employers that once timed PERM in year 4 or 5 of H-1B status are now pushing to start earlier to offset the delay.

Key points:

• The H-1B visa is a dual-intent category, allowing lawful pursuit of permanent residency while maintaining H-1B status.
• Most H-1B holders face a six-year limit unless they qualify for statutory extensions tied to Green Card progress.
• Longer PERM times and visa backlogs—especially in EB-2 and EB-3 categories—compress the window to complete the process before H-1B eligibility ends.

The PERM process and common pitfalls

What employers must do before filing ETA Form 9089:

1. Request a prevailing wage determination from the Department of Labor.
2. Run a recruitment campaign (newspaper ads, online postings, internal notices).
3. Document that no qualified U.S. worker is available at the prevailing wage.
4. File the PERM labor certification on ETA Form 9089.

Common triggers for denial and delay:

• Wrong newspaper edition or missing posting detail.
• Misread wage level or incorrect job requirements.
• Recruitment errors that force refiling (VisaVerge.com calls error-induced refilings “one of the quiet drivers” of extended cases).

A small flaw in recruitment can undo months of work — with the current delays, that can add a year or more to the total timeline.

After PERM: I-140, priority dates, and the visa bulletin

After PERM approval:

• Employer files Form I-140 (immigrant petition) to confirm the worker’s qualifications and the employer’s ability to pay.
• Approval of I-140 establishes a priority date — the worker’s place in line for a visa number.
• The State Department’s monthly visa bulletin dictates when a case can move forward to adjustment of status or consular processing.

Important resource:
– Visa bulletin: travel.state.gov/visabulletin

Final stage: Adjustment of status vs. consular processing

Options depend on the worker’s location:

• Inside the U.S.:
  • File Form I-485 for adjustment of status (remain in U.S. while pending).
  • Concurrently file Form I-765 for Employment Authorization Document (EAD) and Form I-131 for Advance Parole (travel permission).
• Outside the U.S. or choosing consular processing:
  • Complete Form DS-260 online and attend an interview at a U.S. Embassy/Consulate.

Notes:

• Consular processing shifts timing to State Department backlogs rather than USCIS.
• EAD and Advance Parole grant work and travel benefits while I-485 is pending, but approval can take months.

Human and family impacts

The stretching timeline affects life decisions:

• Whether to accept promotions that could change duties and restart the PERM/I-140 process.
• Whether to travel abroad for emergencies while Advance Parole is pending.
• Whether to buy a home or plan long-term while status remains uncertain.

For many Indian professionals, the wait can extend into a decade, affecting marriage plans, children’s sense of belonging, and job mobility.

Quote:

“The key to a smooth H-1B-to-Green-Card journey is early planning,” said Anita Kapoor, Esq., an immigration attorney in Silicon Valley. “Start PERM at least two years before your H-1B limit. Maintain every record and communicate closely with your employer’s HR and legal teams.”

H-1B extensions and the six-year limit

Relief options:

• Extensions beyond six years are allowed if:
  • Worker has an approved I-140, or
  • PERM or I-140 has been pending for at least one year under specific rules.

However, with PERM taking roughly 499 days, the margin for error is compressed. Employers now may launch PERM in year 3 of H-1B instead of year 4 to build cushion.

Recruitment, compliance, and employer challenges

Recruitment is both compliance and risk management:

• Staff turnover, wage changes, and DOL audits can derail campaigns.
• HR teams increasingly document every step: screenshots, postings, interview logs.
• Moving candidates between EB-2 and EB-3 can affect priority date movement and create unexpected retrogression.

Common administrative errors:

• Missed address updates (can cause lost notices).
• Courier delays that push filings past deadlines.
• Using an outdated salary figure on postings.

Strategy for filing I-140 and handling visa bulletin movement

• Employers often use Premium Processing for I-140 to lock in priority dates — but this does not shorten PERM or visa bulletin waits.
• Best-case: a short window when dates become current requires rapid submission of I-485 packets, medical exams, and prepared documents.
• Missed windows force applicants to wait for the next forward movement.

Workforce and migration impacts

Some responses to long waits:

• Professionals move to countries (e.g., Canada, Europe) with faster permanent residency.
• Others join startups or employers promising hands-on sponsorship and aim for EB-1 where possible.
• Many still prefer the U.S. for deep labor markets, pay, and long-term opportunities.

Practical guidance and checklist

Top advice from practitioners:

• Begin early — start PERM well before year 4 of H-1B.
• Document everything — keep copies of ads, postings, pay stubs, W-2s, and recruitment records.
• Coordinate closely with HR and immigration counsel.
• Monitor the visa bulletin monthly and be ready to file when dates move forward.

Key links (do not modify):
– USCIS I-140: https://www.uscis.gov/i-140
– USCIS I-485: https://www.uscis.gov/i-485
– USCIS I-765: https://www.uscis.gov/i-765
– USCIS I-131: https://www.uscis.gov/i-131
– State Dept. DS-260 info: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-4-collect-and-submit-forms-and-documents/online-visa-application.html
– DOL PERM info: https://www.dol.gov/agencies/eta/foreign-labor/permanent

Key takeaways (quick list)

• Average PERM processing time: ~499 days (April 2025) — well beyond traditional 8–12 months.
• Start PERM earlier (often year 3) to preserve H-1B time and avoid emergency extensions.
• Maintain precise recruitment documentation to avoid denials and refiling delays.
• Monitor the visa bulletin and coordinate I-140 and I-485 filings to seize windows when dates become current.
• Keep contingency plans (EB-2/EB-3 flexibility, maintain H-1B status while on EAD, prepare for consular processing).

Final perspective

The H-1B to Green Card route remains viable, but the process now demands more planning, documentation, and patience. Agencies coping with high demand and legal tests set the pace. Those who start early, follow careful procedure, and keep communication open with employers and counsel have the best chance of keeping a case on track.

A Green Card still delivers long-term stability, job mobility, and a pathway to citizenship — the reasons many continue to navigate a system that requires greater discipline and endurance than in past years.