Understanding the Two Pathways

H-1B vs PERM represents temporary versus permanent immigration strategies. H-1B grants temporary work authorization for up to 6 years initially. PERM starts the green card process leading to permanent residency.

H-1B to green card process commonly involves using H-1B as a bridge. Workers enter on H-1B, establish employment, then employers sponsor them for green cards through PERM labor certification. The two pathways work together rather than competing.

H-1B or green card path decisions depend on circumstances. H-1B suits workers needing immediate work authorization. If you have job offers and want to start quickly, H-1B delivers. Green cards through PERM require patience but provide permanence.

Many workers pursue both simultaneously. Enter on H-1B, begin working, then start PERM processes. This strategy provides immediate income while working toward permanent residency. USCIS allows this parallel processing.

H-1B green card sponsorship requires employer commitment. Companies must sponsor both H-1Bs and subsequent green cards. Not all employers offer this. Some companies do H-1Bs but won't sponsor green cards due to costs or administrative burden.

Beyond Border helps workers evaluate whether H-1B temporary status, direct green card pursuit, or combined approaches best suit their situations.

Timeline and Processing Speed

H-1B to green card process timelines vary dramatically. H-1B initial authorization takes 6-8 months from lottery registration through work start date for cap-subject petitions. Add 15 days with premium processing after lottery selection.

PERM labor certification timeline spans much longer. The PERM process itself takes 12-18 months from recruitment through Department of Labor certification. This is just step one of green card applications.

After PERM approval, employers file Form I-140 immigrant petitions with USCIS. I-140 processing takes 6-18 months standard processing or 45 days with premium processing. But I-140 approval doesn't give you a green card, just immigrant visa petition approval.

Step three involves adjustment of status (Form I-485) if you're in the US or consular processing if abroad. I-485 processing takes 12-24 months typically. For Indian and Chinese nationals, visa bulletin backlogs add years or decades due to per-country limits.

Total H-1B permanent residency path through PERM ranges from 3-6 years for workers from countries without backlogs. Indian EB-3 workers might wait 10-20 years. Chinese EB-2 workers face similar delays.

H-1B extensions beyond 6 years become available once I-140 is approved or PERM has been pending 365+ days. This allows maintaining H-1B status during green card backlogs.

Beyond Border develops multi-year immigration strategies accounting for both H-1B authorization needs and long-term green card goals.

Cost Comparison

PERM vs H-1B comparison shows significant cost differences. H-1B government fees range $1,055 to $8,810 depending on employer size, company structure, and additional fee applicability. Attorney fees add $3,000-$8,000 typically.

H-1B green card sponsorship costs much more. PERM labor certification costs $2,000-$5,000 in attorney fees plus mandatory recruitment expenses. Newspaper ads, job board postings, and other recruitment steps add $3,000-$7,000.

I-140 immigrant petition fees total $715 government filing plus optional $2,805 premium processing. Attorney fees run $2,500-$5,000. Combined PERM and I-140 costs reach $8,000-$18,000.

I-485 adjustment of status costs $1,440 per person including biometrics. Family members pay separately. Two-person family pays $2,880. Add $1,500-$3,000 attorney fees per person. Medical examinations cost $200-$500 per person.

Total H-1B to green card process costs span $20,000-$40,000 including all government fees, recruitment, attorney fees, and medical exams. Employers typically pay most costs, though some companies make workers cover I-485 expenses.

H-1B costs recur every 3 years for extensions. Green card costs are one-time (though I-485 must be refiled if leaving the US during processing). Over time, permanent residency may cost less than repeated H-1B renewals.

Beyond Border provides transparent cost breakdowns helping employers and workers budget for complete immigration processes.

Benefits and Limitations

H-1B vs PERM benefits differ significantly. H-1B advantages include relatively fast authorization, dual intent allowing permanent residency pursuit, flexibility changing employers through transfers, and H-4 dependent benefits including work authorization in some cases.

H-1B limitations include temporary status, employer dependency, potential layoff vulnerabilities, 6-year maximum with extensions requiring green card processing, and annual uncertainty through potential policy changes.

H-1B permanent residency path benefits include actual permanent residency, freedom to work anywhere without sponsorship, path to citizenship after 5 years, protection from employer control, and ability to start businesses or change careers freely.

PERM limitations include very long processing times, employer dependency throughout process, vulnerability to job loss before I-485 pending 180 days, priority date backlogs for Indian and Chinese nationals, and recruitment requirement proving no qualified US workers.

H-1B green card sponsorship allows job mobility after I-485 pending 180 days through AC21 portability. Workers can change employers or jobs as long as positions are same or similar occupation. This reduces employer dependency.

Family benefits differ. H-4 spouses can work after H-1B holder has approved I-140 and pending I-485 application. Green card holders can immediately sponsor spouses for work authorization through derivative green cards processed simultaneously.

Beyond Border evaluates individual circumstances determining whether H-1B temporary status, green card pursuit, or combined strategies maximize opportunities while minimizing risks.

Strategic Decision Making

Choosing between H-1B or green card path depends on urgency, employer support, and long-term goals. If you need to start working immediately and employers offer H-1B sponsorship, accept it. Use H-1B time to establish yourself while pursuing green cards.

If employers offer direct PERM sponsorship, consider this carefully. Some companies sponsor green cards for exceptional candidates without requiring H-1B first. This works well for workers from countries without visa bulletin backlogs.

For Indian and Chinese nationals, PERM labor certification timeline plus priority date backlogs make starting PERM early critical. Don't wait. Begin green card processes immediately upon H-1B approval. Every month matters given 10-20 year potential waits.

Consider alternative green card categories. EB-1 extraordinary ability or EB-2 National Interest Waiver skip PERM entirely. If you qualify, these categories offer faster processing without employer dependency.

Evaluate employer stability and commitment. Starting H-1B to green card process with companies showing financial instability or unwillingness to sponsor green cards wastes time. Choose employers committed to supporting permanent residency.

Think about family timing. If planning marriage or children, understand how dependent status works. H-4 spouses face work authorization challenges. Green card derivative beneficiaries get work authorization immediately upon approval.

Beyond Border develops personalized immigration strategies aligned with career goals, family circumstances, and long-term US residency objectives.‍

Frequently Asked Questions

Is H-1B or green card better? H-1B provides faster initial work authorization (6-8 months) while green cards offer permanent status but take 3-6 years through PERM, making H-1B better for immediate needs and green cards for long-term security.

Can I get a green card without H-1B? Yes, you can pursue green cards through PERM or EB-1/EB-2 NIW categories without H-1B status, though many workers use H-1B for work authorization while green card processing occurs.

How long does H-1B to green card take? H-1B to green card through PERM typically takes 3-6 years for nationals without backlogs, but 10-20 years for Indian and Chinese workers due to per-country visa limits.

Can H-1B workers change jobs during green card processing? Yes, H-1B workers can change employers through transfers, and after I-485 pending 180 days can use AC21 portability changing jobs while maintaining green card applications.

Do employers pay for H-1B and green card? Employers must pay H-1B and PERM costs by law, though some companies require workers to pay I-485 adjustment of status fees,