How Long Does It Take to Get a Green Card After a Work Permit?

The timeline to get a Green Card after holding a work permit depends on several factors, including the type of work permit you have, your country of origin, and the type of Green Card you are applying for. Generally, the process takes anywhere from several months to several years.

Let’s break it down:

1. Type of Work Permit

The type of work visa you hold will affect your Green Card timeline. For example, if you are on an H-1B visa, the path to a Green Card is different compared to someone on an L-1 visa (for intracompany transferees). Here are the main types of work visas and how they connect to a Green Card process:

H-1B Visa Holders: The H-1B is one of the most common work visas in the U.S. If you’re an H-1B visa holder, you can apply for a Green Card through your employer. After filing a labor certification (which proves there are no qualified U.S. workers for your job) and the Immigrant Petition for Alien Worker (Form I-140), you can move to the next steps. The entire process can take anywhere from 2 to 5 years, depending on your country of origin.
L-1 Visa Holders: L-1 visa holders (intra-company transferees) can also apply for a Green Card. This process might be faster than for H-1B visa holders, especially if you’re applying under the EB-1 category (for priority workers). The L-1 to Green Card process can take around 1 to 3 years for some people.
Other Visa Holders: There are other visa categories like O-1 (for people with extraordinary ability) and TN (for Canadians and Mexicans under the NAFTA agreement). The process and time frame for each of these can vary, but typically it takes about 1 to 3 years.

2. Green Card Application Process

Once you’re eligible to apply for a Green Card, the process typically includes the following steps:

Labor Certification (PERM): For most employment-based Green Card applications, the first step is getting labor certification from the U.S. Department of Labor. This process shows that there are no qualified U.S. workers available for your job. It can take anywhere from 6 months to over a year to complete this step.
Immigrant Petition (Form I-140): After labor certification, your employer must file an I-140 petition on your behalf. This petition proves that you qualify for a Green Card based on your skills, experience, and the job you hold. This can take anywhere from 6 months to 1 year.
Adjustment of Status (Form I-485): After your I-140 is approved, you can file for an adjustment of status if you are already in the U.S. This form (Form I-485) is how you officially request to change from a temporary work visa to a permanent resident. This process can take anywhere from 6 months to 2 years, depending on various factors like your country of origin and the service center handling your case.

3. Country of Origin

One of the biggest factors that influence how long it takes to get a Green Card is your country of origin. The U.S. government has a cap on how many Green Cards can be given to people from any one country each year. Countries with high numbers of applicants (like India and China) may face longer wait times due to the backlog. In contrast, people from countries with fewer applicants (like most European countries) may see much faster processing times.

For instance, if you’re from India and applying under the EB-2 or EB-3 category (skilled workers), the wait time can be several years due to high demand. On the other hand, applicants from countries with fewer workers might have their Green Card applications processed in 1 to 2 years.

4. Priority Date

When you apply for a Green Card, you will be given a “priority date” which is the date when your application is received. Your priority date is important because it helps determine when you can move from one stage of the process to the next. Your priority date must be current according to the U.S. Department of State’s Visa Bulletin before you can proceed with the final step of your Green Card process.

The priority date will depend on the category of Green Card you’re applying for and your country of origin. This is why people from countries with high demand might face a longer wait.

5. Processing Delays

There can also be delays due to factors like additional security checks, the complexity of your application, or the workload at the processing centers. It’s not uncommon for the process to take longer than expected, so patience is necessary.

General Timeline

For H-1B visa holders: It generally takes about 2 to 5 years to get a Green Card after starting the process.
For L-1 visa holders: The process can take about 1 to 3 years.
For other visa holders: It might take around 1 to 3 years, depending on your situation.

In summary, the timeline to get a Green Card after a work permit depends on your specific circumstances, including your work visa, country of origin, and the processing times for each step. On average, the entire process could take anywhere from 1 year to over 5 years.

Conclusion

Getting a Green Card after a work permit is not an overnight process. It requires patience, careful planning, and understanding of the steps involved. While the timeline can vary, knowing the general stages and potential delays will help you prepare for the journey. If you’re serious about getting a Green Card, consider working closely with an immigration lawyer to help guide you through the process and keep you updated on any changes or requirements.

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