H-1B to employment-based green card: a practical 2026 roadmap
H-1B is a common way to work in the United States in a specialty occupation. But H-1B is not designed to be permanent. If your goal is long-term stability, the realistic next step is an employment-based immigrant pathway (EB-1 / EB-2 / EB-3). This guide focuses on how the transition works in day-to-day practice: what your employer must do, what you can control, and where cases most often lose time (or trigger avoidable RFEs and status headaches).
A simple mindset that keeps cases clean: treat your green card record like a single story. The job requirements, your credentials, the recruitment file, and the immigration forms should all describe the same role in the same way. Most “complex” problems are just inconsistencies that were allowed to accumulate.
Disclaimer
This page is for educational purposes only and does not constitute legal advice. Immigration rules, government processing practices, and fees can change. Always verify current requirements with official U.S. government sources and consult a qualified professional for advice tailored to your situation.
Table of contents
Jump to the stage you are planning right now (category choice, PERM, I-140, Visa Bulletin timing, adjustment of status, portability, evidence strategy, or filing hygiene).
- 1) Choosing the right EB category (EB-1 / EB-2 / EB-3)
- 2) Employer sponsorship and PERM (what actually happens)
- 3) Form I-140, priority date, and premium processing
- 4) Visa Bulletin: when you can file I-485 or consular docs
- 5) Maintaining H-1B status and extensions beyond 6 years
- 6) Job changes, portability, and family work authorization
- 7) Evidence strategy and RFE risk controls
- 8) Timeline visual (what takes time in 2026)
- 9) Fees, filing hygiene, and operational checklist
- Official sources (USCIS / DOL / DOS)
What’s updated in the 2026 version
- PERM is framed the way it is actually run today: through DOL’s FLAG environment, with published processing-time snapshots that should be treated as a planning input (not an afterthought).
- The “six years max” idea is clarified: six years is the default cap, but green-card-linked rules can allow extensions beyond six years when specific milestones have been reached.
- The Visa Bulletin workflow is described the way applicants use it in real life: the Department of State publishes monthly charts, and USCIS instructs employment-based adjustment filers which chart controls filing for that month.
- Portability is treated as its own operational topic: when job changes are possible, what “same or similar” actually means in practice, and how to avoid accidental status breaks.
If you remember only one idea: start early, keep your record consistent, and make decisions around the two clocks that matter most — the PERM timeline and your Visa Bulletin availability.
1) Choosing the right employment-based category (EB-1 / EB-2 / EB-3)
Category choice is not just a label — it decides whether labor certification is required, who can file the immigrant petition, what evidence carries the case, and how your wait interacts with the Visa Bulletin. Many H-1B holders pursue employer-sponsored EB-2 or EB-3. Some qualify for self-petition options such as EB-1A or EB-2 National Interest Waiver (NIW), depending on the facts.
Category comparison (practical view)
| Category | Typical fit | Key process implications |
|---|---|---|
| EB-1 | Extraordinary ability, outstanding professor/researcher, or certain multinational executives. | Often avoids PERM. Evidence must be concrete and traceable (not buzzwords). Strong organization and credibility of the record matter. |
| EB-2 | Advanced degree roles or exceptional ability. NIW is a special EB-2 route for qualifying cases. | Commonly PERM-based (except NIW). Your credentials and experience must cleanly match the job’s minimum requirements. |
| EB-3 | Skilled workers and professionals where the job fits EB-3 requirements and sponsorship is available. | Typically PERM-based. Strategy often centers on a defensible job description and strict recruitment compliance. |
A quick sanity-check used by many applicants: if the role genuinely requires an advanced degree (and the employer can support that as the minimum), EB-2 may fit well. If the minimum requirements are closer to a bachelor’s degree, EB-3 can be the cleaner alignment. If your record includes widely recognized achievements and strong evidence trails, EB-1 may be realistic. The best category is the one you can prove without stretching the facts.
2) Employer sponsorship and PERM (what actually happens)
For many EB-2 and EB-3 cases, the employer must complete PERM (permanent labor certification). In practical terms, PERM is the “gate” step: the employer runs a regulated labor market test and documents that there are no qualified, willing, and available U.S. workers for the job opportunity on the offered terms.
PERM in 2026: the operational sequence
The employer requests a prevailing wage determination for the occupation and work location. The wage is not just a number: it affects offer terms and can indirectly influence how the role’s level and complexity are perceived.
The employer completes required recruitment steps and documents outcomes. The goal is disciplined compliance: job requirements must remain consistent, ads must be accurate, and the recruitment report must match what was actually done.
After recruitment is completed, the employer files the PERM application. DOL may certify, audit, or deny. If an audit happens, organization and consistency of the supporting file are often the deciding factors.
Planning with real-world backlogs
The most common planning error is treating PERM as a quick checkbox. Recent DOL snapshots have shown PERM timelines measured in many months. Treat the published processing-time table as a planning input: it affects H-1B extension timing, travel decisions, and career moves. If you plan early, you reduce the chance of turning a normal process into a last-minute status sprint.
3) Form I-140: locking the priority date and strengthening the record
After PERM certification (or in categories that don’t require PERM), the immigrant petition stage is typically Form I-140 (Immigrant Petition for Alien Worker). This is where the employer (or you, in a self-petition category) asks USCIS to classify you under the chosen employment-based preference.
- Priority date: your place in line for visa number availability under the Visa Bulletin framework.
- Ability to pay (employer cases): the company must show it can pay the offered wage (prepare evidence early).
- Record consistency: job requirements, your education/experience, and support letters should tell one coherent story.
- Premium processing (where eligible): speeds up the I-140 decision itself, but it does not change visa-number availability.
4) Visa Bulletin workflow (AOS vs consular) in 2026
The Visa Bulletin is published monthly by the U.S. Department of State and shows immigrant visa availability by category and chargeability. Most employment-based applicants track two concepts:
- Final Action Dates: when a green card can actually be approved/issued.
- Dates for Filing: when you may be able to submit I-485 (AOS) or start consular processing steps, if permitted.
For employment-based Adjustment of Status (Form I-485), USCIS publishes a monthly instruction telling applicants which chart (Final Action Dates or Dates for Filing) controls AOS filing for that month. This instruction can change month to month. If you’re preparing to file, check it every time.
Adjustment of Status (AOS): common deliverables
- Form I-485 (plus medical exam, identity/civil documents, and eligibility evidence).
- Optional: work and travel documents while I-485 is pending (case-specific).
- Ongoing: respond precisely to any RFE/NOID; keep addresses updated; maintain clean records.
5) Maintaining H-1B status and extensions beyond 6 years
Maintaining lawful status is a practical risk-control tool, not a formality. The green card pipeline can include long waits (PERM timing, Visa Bulletin movement, and agency workloads). Most H-1B holders keep H-1B extensions current until they are safely past the points where work authorization and travel choices can become sensitive.
“Six years” is the default, not the whole story
USCIS explains that employers may request H-1B extensions beyond six years in specific scenarios connected to the permanent residence process. One common concept is that green-card filings that have been in place long enough can support further extensions, which is why starting early matters. The exact rule pathway depends on your case history (PERM/I-140 milestones and visa availability).
6) Job changes, portability, and family considerations
Career moves are normal — but they intersect with immigration rules in ways that can break a case if handled casually. Applicants often confuse two different “change moments”:
- Changing employers before I-485 is filed often means the new employer must restart key steps (commonly PERM + I-140), unless you are in a self-petition category.
- Changing jobs after I-485 has been pending long enough may allow AC21 portability if the new role is in the same or similar occupational classification and other conditions are satisfied.
Many applicants document portability using Form I-485 Supplement J (or equivalent evidence) to show the new role is “same or similar.” In practice, you want clean mapping between old and new roles: duties, SOC logic, and seniority level.
Family work authorization: H-4 spouse EAD (where eligible)
For many families, the key quality-of-life question is whether a spouse can work. USCIS outlines eligibility for employment authorization for certain H-4 dependent spouses, including scenarios tied to an approved I-140 or H-1B extensions under AC21 provisions.
7) Evidence strategy: reduce RFEs by making the record “reviewable”
RFEs usually don’t happen because a person is “not qualified.” They happen because the record is hard to review: job requirements don’t match duties, experience letters don’t prove the exact years claimed, or education equivalency is unclear. The goal is simple: every claim should map to a specific document without requiring assumptions.
High-impact controls (most cases)
- Job description discipline: keep duties realistic and stable; avoid inflating duties that don’t match the employer’s structure.
- Requirements consistency: the minimum requirements must match across PWD, recruitment, PERM, and I-140 materials.
- Experience letters: make dates, titles, duties, full-time status, and signer credentials internally consistent and verifiable.
- Degree-to-job mapping: explicitly connect the degree field to specialized duties (especially where the specialty link is not obvious).
- Ability to pay (employer cases): prepare clean financial evidence early; late fixes create avoidable risk.
- Change management: if duties/locations change, assess immigration impact before the change becomes permanent.
Document checklist (what people often forget)
The exact document set depends on category and whether you pursue AOS or consular processing. But these groups commonly cause delays when they are inconsistent or incomplete.
| Document group | What “good” looks like | Common pitfall |
|---|---|---|
| Identity & civil docs | Clear, consistent names/dates; translations where required; copies match originals. | Mismatch in spellings across passports, diplomas, and prior filings. |
| Education & credentials | Diplomas + transcripts; equivalency analysis if needed; clean degree-field-to-job explanation. | Assuming the degree “speaks for itself” without linking it to specialized duties. |
| Work experience evidence | Detailed letters proving dates, duties, level, and supervision; consistent across the record. | Generic letters that don’t prove the years and specific skills claimed. |
| PERM recruitment file | Organized ads, recruitment report, audit-ready supporting records, consistent requirements. | Requirements drift between ads, PWD, and ETA-9089. |
| Status history | I-94 records, approvals, and employment timeline documented clearly and continuously. | Gaps in authorization or unclear maintenance of status during transitions. |
8) Timeline visual: where time typically goes in 2026
The diagram below is a planning visual. Timing varies by employer readiness, audits, category, and agency workloads. For PERM specifically, DOL publishes processing-time snapshots — use them to plan extensions, travel, and job transitions with buffer.
This chart is intentionally always visible (no JavaScript). Use it to set expectations: start early, keep the record consistent, and treat PERM timelines and Visa Bulletin movement as core constraints.
9) Fees, filing hygiene, and an operational checklist
Fees and payment rules can change. The safest workflow is to verify every filing fee right before submission using the official USCIS fee resources (fee schedule or fee calculator) and follow the current “how to pay” instructions for each form.
Operational checklist (prevents avoidable rejections)
- Fee verification: confirm form edition date and fee immediately before filing (avoid rejections for incorrect fee or outdated form).
- Version control: use the newest instructions and confirm the correct filing address.
- Address stability: keep addresses updated to avoid missed notices and cascading delays.
- RFE discipline: treat RFEs as time-sensitive compliance events — assign an owner, set internal deadlines, submit an indexed response.
- Processing awareness: use official processing-time tools to plan extensions and travel with buffer.
Official sources (recommended bookmarks)
These are the primary U.S. government pages used to keep this guide current as of February 1, 2026. External links are placed only here, at the end of the page.
- USCIS — H-1B Specialty Occupations
- USCIS — FAQs for Individuals in H-1B Status (extensions beyond 6 years)
- USCIS — Green Card for Employment-Based Immigrants (overview)
- USCIS — Form I-140
- USCIS — Premium Processing
- USCIS — Form I-485
- USCIS — Adjustment of Status (process)
- USCIS — Which Visa Bulletin chart to use for AOS
- U.S. Department of State — Visa Bulletin (main page)
- U.S. Department of State — Visa Bulletin for February 2026
- DOL / FLAG — PERM (Permanent Labor Certification)
- DOL / FLAG — Prevailing Wage Determination
- DOL / FLAG — Processing Times (PERM/PWD snapshots)
- USCIS — AC21 Portability (“same or similar”)
- USCIS — H-4 Spouse Employment Authorization
- USCIS — Filing Fees (how to pay + fee resources)
- USCIS — G-1055 Fee Schedule
- USCIS — Processing Times Tool
