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This is not true. An H1B employee can not apply to become a permanent resident ("green card") based on their H1B employment itself. As far as I know, the only

This is not true. An H1B employee can not apply to become a permanent resident ("green card") based on their H1B employment itself. As far as I know, the only way to self petition for an extraordinary ability (EB1) based immigration, but that probably applies only to a small percentage of H1B workers. The rest are bound to their employer applying to grant the employees immigration benefits, which the employer may or may not do.

olliej 4y ago
What? They absolutely can, and it can be employee supported - I know this because I actually started this. While in the insanely long backlog you can get your h1b extended beyond the six year limit as well. I had got married by and had a green card through that before the backlog and what not would have got through on the h1b path, but if I hadn’t met my person I would have still ended up a permanent resident.
- Sophie_Alcorn 4y ago
  Yes this is correct.
- snotrockets 4y ago
  They can if they fit the criteria for EB1A or EB2 NIW. I don't think most of H1B recipient fit the criteria for those visas.
Sophie_Alcorn 4y ago
H-1B holders can seek green cards through a variety of ways: green card lottery (for certain countries), family sponsorship (such as marriage green cards), and employment sponsorship (the EB-1, EB-2, EB-3, EB-4, and EB-5 categories.) Within the EB's, most companies will sponsor H-1B holders for green cards in the EB-2 or EB-3 categories in a 3-step process: PERM, I-140, I-485. If an H-1B holder wants to get a green card based on work/accomplishments as a self-petitioner, the two main pathways are: Eb-1A for extraordinary ability, helpful for people subject to long India/China backlogs Eb-2 NIW, easier than O-1A, takes 2-3 years if you're not subject to India/China backlogs.
- snotrockets 4y ago
  I forgot about EB2 NIW (which again, I understand isn't open to all, due to the NIW requirement). But unlike what the top level commenter wrote, the option for an H1B holder to become a permanent resident by their own action, rather then by their employer benevolence, is limited to very few (the green card lottery and the above mentioned narrow self-petition categories), and isn't a thing you can just do after a certain length of stay in the US.
  - Sophie_Alcorn 4y ago
    That's true! But I've helped a LOT of people go from unqualified to qualified for Eb-1A or EB-2 NIW. Here is my class that teaches people how: https://alcorn-immigration-law.teachable.com/p/extraordinary-ability-bootcamp https://alcorn-immigration-law.teachable.com/p/extraordinary...
    - snotrockets 4y ago
      This is not immigration policy, but a private service. Which, even if had a 100% success rate, would still count for very few out of the 140,000 yearly green cards.
      - Sophie_Alcorn 4y ago
        Yes, we need systemic legal change. But at least in the short term there are at least some options for those who need them.

olliej 4y ago

What? They absolutely can, and it can be employee supported - I know this because I actually started this. While in the insanely long backlog you can get your h1b extended beyond the six year limit as well. I had got married by and had a green card through that before the backlog and what not would have got through on the h1b path, but if I hadn’t met my person I would have still ended up a permanent resident.

Sophie_Alcorn 4y ago
Yes this is correct.
snotrockets 4y ago
They can if they fit the criteria for EB1A or EB2 NIW. I don't think most of H1B recipient fit the criteria for those visas.

Sophie_Alcorn 4y ago

H-1B holders can seek green cards through a variety of ways: green card lottery (for certain countries), family sponsorship (such as marriage green cards), and employment sponsorship (the EB-1, EB-2, EB-3, EB-4, and EB-5 categories.) Within the EB's, most companies will sponsor H-1B holders for green cards in the EB-2 or EB-3 categories in a 3-step process: PERM, I-140, I-485. If an H-1B holder wants to get a green card based on work/accomplishments as a self-petitioner, the two main pathways are: Eb-1A for extraordinary ability, helpful for people subject to long India/China backlogs Eb-2 NIW, easier than O-1A, takes 2-3 years if you're not subject to India/China backlogs.

snotrockets 4y ago
I forgot about EB2 NIW (which again, I understand isn't open to all, due to the NIW requirement). But unlike what the top level commenter wrote, the option for an H1B holder to become a permanent resident by their own action, rather then by their employer benevolence, is limited to very few (the green card lottery and the above mentioned narrow self-petition categories), and isn't a thing you can just do after a certain length of stay in the US.
- Sophie_Alcorn 4y ago
  That's true! But I've helped a LOT of people go from unqualified to qualified for Eb-1A or EB-2 NIW. Here is my class that teaches people how: https://alcorn-immigration-law.teachable.com/p/extraordinary-ability-bootcamp https://alcorn-immigration-law.teachable.com/p/extraordinary...
  - snotrockets 4y ago
    This is not immigration policy, but a private service. Which, even if had a 100% success rate, would still count for very few out of the 140,000 yearly green cards.
    - Sophie_Alcorn 4y ago
      Yes, we need systemic legal change. But at least in the short term there are at least some options for those who need them.