EB-3 from H-1B is a common path for people working in the United States on a temporary H-1B work visa who want to become permanent residents. Because they are already in the country and employed, this group has several advantages when pursuing EB-3. This article explains the steps in the EB-3 from H-1B path and the points you need to keep in mind.
Why Moving from H-1B to EB-3 Is Advantageous
The H-1B visa is a temporary work category, not a green card. However, an H-1B holder is already in the United States, working legally, and has an employer familiar with the sponsorship process. This is a good foundation for moving to employment-based immigration.
H-1B also allows “dual intent,” meaning the visa holder is permitted to have both a temporary intent and pursue a green card without this being seen as contradictory. This makes the transition smoother than for many other visa categories.
Steps in the EB-3 from H-1B Path
The employer begins by applying for labor certification (PERM), then files an I-140 petition under the EB-3 category. Once the priority date becomes current, the applicant files an I-485 adjustment of status application right in the United States without needing to return home.
If the priority date is already current, the applicant can even file the I-140 and I-485 concurrently. The H-1B holder maintains valid status throughout the process, avoiding any gap in residency status.
Notes on Timing and Extensions
For applicants born in a country with a heavy backlog, the wait for the priority date can be long. In that case, an H-1B holder can typically extend their visa beyond the usual limit if they have an approved I-140, in order to maintain valid status while waiting.
You should refer to official information on the H-1B visa and consult an attorney to plan a reasonable extension strategy and avoid a gap in residency status.
Summary
EB-3 from H-1B is a natural and advantageous path for people already working in the United States on a temporary work visa. Advantages include dual intent, already being in the country, and an employer familiar with the process. You should plan your H-1B extensions and track the priority date for a smooth transition.
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References
- USCIS — H-1B Specialty Occupations: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
- USCIS — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
Read more: Overview of the EB-3 visa for US immigration · EB-3 Spouses Both Working in the US
