Do I Need to Have H1B to Start the Green Card Application Process?

We at North America Immigration Law Group usually receive hundreds of inquiries regarding employment-based immigration every week. Many potential clients have been asking whether they need to have an H-1B visa to receive a green card. So we would like to clarify that an H-1B visa is not a prerequisite for any type of a green card. In fact, we have hundreds, if not thousands of clients who obtained their green cards while holding visas such as F-1, F-1 OPT, J-1, B1/B2 or TN.

A common misconception is that a person on a non-immigrant visa that requires non-immigrant intent must switch to a dual-intent visa before they can apply for a green card. Dual-intent visas include H, O. L and P visas. However, this is not true. While you may hold a visa that requires non-immigrant intent, you are not prohibited from changing your mind and seeking permanent residence at a later time. For this reason, you are able to switch directly from a non-immigrant visa such as F or J to an immigrant visa such as EB-1A or EB-2 (NIW). There may be certain factors that do not allow you to switch such as INA 212 (e) two year home residency requirement attached to certain J visa, but obtaining an H-1B visa would not alleviate these factors.

If you wish to switch from a visa that requires non-immigrant intent to an immigrant visa, you are said to have immigrant intent. This is not an issue once you already have your non-immigrant visa and are in the United States, but you might encounter issues extending your non-immigrant visa or obtain a new visa stamp if you have immigrant intent. For this reason, switching to a visa that allows for dual-intent can be beneficial. If you were to switch to one of these visas, you would be able to extend your underlying non-immigrant visa and travel without having to worry that your green card process will impact that visa.

While changing to a dual-intent visa may alleviate some of the frustrations that accompany applying for a green card from different non-immigrant visa categories, the time and cost involved in switching visa statuses for the sole reason of applying for a green card often outweighs any benefits. When a client comes to us in a status that requires non-immigrant intent, we are able to assist them with a personalized case strategy that takes into account their current status, past statuses, and their green card aspirations so that they may successfully obtain their green card.

If you are interested in starting your green application based on categories such as EB1-A Alien of Extraordinary Ability, EB-1B Outstanding Researcher/Professor, or EB-2 National Interest Waiver, feel free to email us for free evaluation at law@wegreened.com.

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With more than 47,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours

With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approved cases grew from 600 in 2013 to over 47,000 in 2023.