The H-1B visa is a non-immigrant visa that allows foreign workers with specialized skills to work in the United States of America. Many H-1B visa holders seek permanent residency or a Green Card in the United States.   

In this article, we'll discuss **the process of transitioning from an H-1B visa to a green card.**  

### What is an H-1B Visa?
   
The H-1B visa is a non-immigrant visa for foreign workers in the fields of specialty occupations. The H-1B Visa is an opportunity for U.S. employers to hire qualified people from all around the world. The H1B visa is valid for up to three years. The visa can be extended for another three years.  

Specialty occupations require specialized knowledge and a bachelor's degree or higher in a specific field of study. In case of the absence of the degree, the work experience in the field of study is considered the equivalent of the required degree. For example, **if you don't have a four-year bachelor's degree in a specialty occupation, 12 years of work experience in the field will be accepted.**

To learn more about the H1B visa, its requirements, and the application process, read our blog ["H-1B Visa FAQ: Everything You Need to Know"](https://www.grapelaw.com/library/content/h-1-b-visa-faq-everything-you-need-to-know). You can also visit [our library](https://www.grapelaw.com/library) on our website to find out more about this visa.

### What is a Green Card?
   
A green card, otherwise known as a permanent resident card, is a document that allows foreign nationals to live and work in the United States permanently. It is issued by the U.S. Citizenship and Immigration Services (USCIS) and provides many of the same benefits as U.S. citizens, including **the ability to work and travel freely.**  

Our article ["What is a Green Card and How to Apply for It?"](https://www.grapelaw.com/library/content/what-is-a-green-card-and-how-to-apply-for-it) has all the answers to your questions about Green Card. 

## The Process of Transitioning from an H-1B Visa to a Green Card 
  
Before transitioning from an H-1B visa to a green card, it is essential to review the eligibility requirements.   
If you have an approved labor certification, your employer must file an [I-140 Petition for Alien Workers](https://www.uscis.gov/i-140) with U.S. Citizenship and Immigration Services (USCIS).   

Additionally, an individual must be able to demonstrate that they have the financial means and ability to support themselves throughout the application process without resorting to social assistance or sponsored maintenance.

 ![](/uploads/infografik_h1b_to_green_card_cc111eca81.png)   

Transitioning from an H-1B visa to a green card involves several steps. Here's a general overview:  

- **Employer Sponsorship:** In most cases, the first step is to have an employer sponsor the H-1B visa holder for a green card. The employer must [file an Immigrant Petition for Alien Worker (Form I-140)](https://www.uscis.gov/forms/all-forms/petition-filing-and-processing-procedures-for-form-i-140-immigrant-petition-for-alien-workers) with the USCIS on behalf of the employee.  
- **Labor Certification:** The employer must also obtain a labor certification from the U.S. Department of Labor (DOL).   
  The company that wants to hire a foreign worker should demonstrate that there is no fitting U.S. citizen candidate for the position for [the labor certification process](https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-6). In addition, they are asked to prove to hire a foreign worker will not affect U.S. workers' wages and working conditions.  
- **Adjustment of Status:** If the H-1B visa holder is living in the United States, they may be able to adjust their status to that of a permanent resident without leaving the country. The employer must file an application to Register Permanent Residence or Adjustment of Status (Form I-485) on behalf of the employee.  
- **Consular Processing:** If the H-1B visa holder is outside the United States, they must go through consular processing to obtain a green card. This involves going to a U.S. embassy or consulate in their home country to complete the application process.  
- **Visa Availability:** The final step is to wait for a visa to become available. Each year there is a limited number of green cards issued. And there are often long waiting periods for specific categories of applicants. The H-1B visa holder must wait for their priority date to become current before being granted a green card.  
- **Attend an Interview:** After submitting your application, you may be asked to attend an interview with a USCIS Immigration Officer. The officer will ask questions about your qualifications and profile during the interview. Your answers should match the information submitted in your application form.  
- **Medical Exam (If Necessary):** Additionally, depending on which visa type you are applying for, you may need to undergo a medical exam by a USCIS-approved doctor. The doctor will assess your health condition and ensure that any infectious diseases or situations do not prevent you from receiving permanent residence status in the U.S.  
- **Await Notification of Approval or Denial of Permanent Residency Status:** After attending the interview and undergoing any necessary medical exams, your application will be sent to USCIS headquarters for review. Once your application has been processed, you will receive a notice of approval or denial.   

**If your application is approved**, you will be granted permanent residence status in the U.S. and can begin making plans for your future life in the U.S.   

**If it is denied**, you should consult with an immigration lawyer about potential appeals or further applications.  

Transitioning from an H-1B visa to a green card is a complex process that requires careful planning and the assistance of an experienced immigration attorney. In addition, the process involves employer sponsorship, labor certification, and adjustment of status or consular processing.   

The availability of visas is limited, and there are often long waiting periods. However, obtaining a green card provides many benefits and is vital for foreign workers who wish to make the U.S. their permanent home.  

### Using a Law Firm for H-1B Visa to Green Card Transition
   
Navigating the H-1B visa to the green card process can be challenging, especially for those unfamiliar with U.S. immigration laws and regulations. This is where a law firm like Grape Law can significantly assist.   

Grape Law provides comprehensive legal services to clients transitioning from an H-1B visa to a green card. Our experienced attorneys can guide clients through the process, from labor certification to visa availability. We meticulously follow the process of completing paperwork on time and correctly. With Grape Law's expertise, clients can have peace of mind knowing that their application is in good hands.   

[Contact us](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and get started on your path to permanent residency in the United States.  
 
 

The H-1B visa is a non-immigrant visa that allows foreign workers with specialized skills to work in the United States of America. Many H-1B visa holders seek permanent residency or a Green Card in the United States. 

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The Transition from H1B Visa to a Green Card

The H1B non-immigrant work visa program is highly sought-after for foreign workers seeking to work in the United States. The H1B non-immigrant work visa allows foreign workers in specialty occupations to work in the U.S. for up to three years, with the option to extend for another three years.  

However, the H-1B non-immigrant work visa program is subject to an annual cap, which limits the number of visas available each fiscal year. The cap for the fiscal year 2023 is set at 85,000 visas, with 20,000 of these visas set aside for **exempt organizations, institutions of higher education, and related or affiliated non-profits.** 

In this article, we will explain **who qualifies for an H-1B cap exemption and how to apply for an H-1B visa as a cap-exempt worker.**  
 
## What is H-1B Cap-Exempt
 

This category applies to those seeking employment in an exempt organization, an institution of higher education, or a related or affiliated non-profit entity. For example, if the petitioner seeks an H-1B visa for a faculty position at a university or educational institute, they would be considered cap-exempt. Additionally, any positions under the tenure system at a university would also qualify for this exemption.  

**But what about workers who are exempt from the H-1B cap?**  

If you are a foreign worker who qualifies for an H-1B cap exemption, you may bypass the annual cap and receive an H-1B visa without waiting for the annual lottery. This can significantly reduce the time and uncertainty of obtaining an H-1B visa.  

### Who Qualifies for an H-1B Cap Exemption?
  
Several categories are exempt from the H-1B cap. These categories include:  

#### Workers Employed at Cap-Exempt Institutions
  
If a cap-exempt institution employs you, you may be eligible for an H-1B cap exemption. Cap-exempt institutions include: 

- Universities, 
- Affiliated non-profit organizations, 
- Government research organizations, 
- Primary and secondary schools. 

This category of H-1B cap exemption provides an advantage for foreign workers who have received their education in the U.S. and who now seek to work in the U.S. in their field of study.  

#### Workers Who Have Already Been Counted Against The H-1B Cap in The Past Six Years
  
If you have already received an H-1B visa in the past six years, you may be eligible for an H-1B cap exemption. This is because each time you receive an H-1B visa, you are counted against the annual cap.  

#### Workers Who are Applying for a Concurrent H-1B Visa
  
If you currently work in the U.S. on an H-1B visa and are applying for a concurrent H-1B visa, you may be eligible for an H-1B cap exemption. This is because you are already counted against the annual cap.  

### How to Apply for an H-1B Visa as a Cap-Exempt Worker
  

 ![](/uploads/h1b_visa_cap_exempt_worker_691bd121c4.png) 

Applying for an H-1B non-immigrant work visa as a cap-exempt worker is similar to applying for an H-1B visa under the annual cap. However, there are a few key differences that you should be aware of.  

**Prepare Your H-1B Petition** 

The first step in applying for an H-1B visa as a cap-exempt worker is to prepare your H-1B petition. This will include submitting the necessary forms and documentation to the U.S. Citizenship and Immigration Services (USCIS). Your employer or attorney will typically assist you with preparing the H-1B visa petition.   

The petitioner must provide proof of the organization's exempt status when filing this petition. The following documents should be included when submitting a petition:  

- Form I-129, Petition for Nonimmigrant Worker,  
- Official letter from school or employer verifying exempt status/tax exemption (for universities) or Exemption Number (for non-profits),  
- Supporting documents and evidence, including resumes and proof of credentials.
  
Additionally, employers must include additional documents for any foreign nationals exempt from the cap under a blanket petition.  

**Submit Your H-1B Petition** 

Once you have prepared your H-1B petition, you will submit it to the USCIS. Therefore, ensuring that all forms and documentation are complete and accurate is significant, as any errors or omissions may delay or deny your H-1B visa application.  

**Provide Evidence of Your Cap Exemption** 

When you submit your H-1B petition, you will also need to provide evidence of your cap exemption. This may include a letter from your employer confirming that you are employed by a cap-exempt institution or a copy of your previous H-1B visa if you are switching from another visa category.  

**Wait for a Decision** 

Once you have submitted your H-1B petition and evidence of your cap exemption, you must wait for a decision from the USCIS. The processing time for H-1B visas varies, but it is typically several months. You can check the status of your H-1B visa application online.  

**Attend an H-1B Visa Interview (If required)**  

You may be required to attend an H-1B visa interview. This is typically a brief meeting with a consular officer to verify your H-1B petition's information and confirm that you are eligible for an H-1B visa.  

**Receive Your H-1B Visa** 

If your H-1B visa application is approved, you will receive your H-1B visa. This will allow you to enter the U.S. and start working in your specialty occupation.  
 
### Tips & Advice on Filing a Successful Application
  
It's crucial to understand the requirements of each H-1B Visa Cap Exemption to submit a successful petition. Here are some tips and advice for an outstanding petition: 

- Employers should submit relevant documentation, such as tax information and employment records, including job titles, duties, and salary rates.  
- Foreign nationals should provide evidence that details their qualifications and education.  
- Employers should complete all forms accurately to maximize the chance of approval.  

In conclusion, H-1B cap exemptions provide a significant advantage for foreign workers seeking to work in the U.S. By bypassing the annual cap, cap-exempt workers may obtain an H-1B visa more quickly and with less uncertainty.  

If you qualify for an H-1B cap exemption. In that case, it is essential to consult with an experienced immigration attorney who can assist you with the H-1B visa process.  

#### Get Legal Consultancy from Grape Law
  
At Grape Law, our experienced immigration attorneys are dedicated to helping foreign workers navigate the complex H-1B non-immigrant work visa process. Whether you are a cap-exempt worker or subject to the annual cap, we can assist you with preparing and submitting your H-1B petition, attending an H-1B visa interview, and addressing any issues that may arise during the H-1B visa process. 

[Contact us](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and learn more about how we can help you achieve your immigration goals.  
  
 
 

The H1B non-immigrant work visa program is highly sought-after for foreign workers seeking to work in the United States. The H1B non-immigrant work visa allows foreign workers in specialty occupations to work in the U.S. for up to three years, with the option to extend for another three years. 

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Understanding the H1B Cap Exemptions: Who Qualifies and How to Apply

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