If you’re planning to work or settle in the United States, understanding the H-1B Visa vs. Green Card comparison is essential. While both allow foreign nationals to live and work in the U.S., they offer different rights and benefits. Many professionals begin their journey on an H-1B visa and later apply for a Green Card to obtain permanent residency. This article explains the key differences between the two and outlines the process of transitioning from an H-1B visa to a Green Card.

What Is an H-1B Visa?

An H-1B visa is a non-immigrant work visa that allows a U.S. employer to hire a foreign national for a temporary period in what immigration law defines as a “specialty occupation.” This means the job requires special skills or knowledge and at least a bachelor’s degree, or its equivalent by way of professional experience, in a specific and directly related field, such as engineering, software development, finance, or medicine.

One important advantage of the H-1B visa is that it allows holders to apply for a Green Card while continuing to work in the U.S. on their H-1B status. This means they can pursue permanent residency without affecting their current non-immigrant visa. This is a significant advantage for professionals who view the H-1B as a stepping stone toward a longer-term future in the United States.

H-1B Visa Eligibility

To qualify for an H-1B visa, both the job and the applicant must meet certain eligibility requirements.

The job must qualify as a specialty occupation, meaning it should require specialized knowledge and at least a bachelor’s degree, or its equivalent, in a specific field. The degree should be directly relevant to the job, and the employer must show that these qualifications are necessary for the position.

The applicant may also qualify based on equivalent work experience, with 3 years of experience equating to 1 year of a degree program. If the degree was earned outside the United States, it will need to be evaluated to confirm that it is equivalent to a 4-year U.S. bachelor’s degree.

Because demand for H-1B visas consistently outpaces the annual supply, most candidates must first be selected through a lottery. Beginning with the FY 2027 cap season, USCIS shifted from a purely random lottery to a wage-weighted selection process. Under this system, registrations tied to higher Department of Labor wage levels receive additional entries, which meaningfully improves the odds of selection for higher-paid positions.
The H-1B selection system underwent a major overhaul in 2026 – our detailed guide on H-1B Visa News & Updates 2026 covers the wage-weighted lottery, new fees, and policy changes you need to know before registering.

H-1B Visa Requirements

Once a candidate has been selected, a distinct set of procedural requirements comes into play before the visa can actually be issued.

The sponsoring employer must first obtain a certified Labor Condition Application (‘LCA’) from the Department of Labor. This document confirms that the employer will pay the worker at least the required wage set for that position and location. It also ensures that hiring the worker will not have a negative impact on U.S. workers doing similar jobs.

 Along with the certified LCA, the employer files Form I-129, the Petition for a Non-immigrant Worker,  and other supporting evidence establishing both the specialty nature of the position and the worker’s qualifications to perform it. 

In cases involving long-term assignments or off-site client placements,  additional documentation, such as contracts, statements of work, internal project plans, detailed itineraries, or other evidence demonstrating that sufficient specialty occupation work exists to justify the full requested period of employment, should also be provided.

H-1B Visa Validity

An H-1B visa is initially granted for up to three years and may be extended for an additional three years, bringing the standard maximum duration to six years.

In some cases, an H-1B visa holder may be allowed to stay in the U.S. for more than six years. This usually applies to individuals who have already started the Green Card process and have an approved employment-based immigrant petition but are waiting for a Green Card because an immigrant visa is not yet available. In such cases, they may be eligible to extend their H-1B status while they continue with the Green Card process.

Portability rules also apply when an H-1B worker changes employers. In many cases, the worker can start working for the new sponsoring employer as soon as the employer properly files a new H-1B petition. They do not have to wait until the petition is officially approved before starting work, as long as all the required conditions are met.

H-1B Visa Fees & Price

In most cases, the sponsoring employer is responsible for paying the majority of the H-1B petition costs. The fees vary depending on the employer’s size, the type of petition and the mode of processing. While regular processing could take many months for the H-1B petition to be approved, ‘premium processing’ guarantees a response from USCIS in 15 business days. The considerable additional fee for Premium Processing may be paid by either the employer or the employee, depending on the circumstances. 

Apart from the employer-paid fees, applicants may also incur some expenses. These include the DS-160 visa application fee after USCIS approves the H-1B petition – and personal costs such as travel, document translation, and courier charges, where applicable.

 Currently, employers may be required to pay an additional $100,000 fee when filing an  H-1B petition for a worker who is outside the United States and will obtain the visa through consular processing. However, the legal status of this fee is currently uncertain. In June 2026, a U.S. federal court ruled that the fee was unlawful. Shortly afterward, that ruling was temporarily paused while the government’s appeal is being considered. As a result, the fee may/may not be applicable in certain cases until a final court decision is reached. Employers filing H-1B petitions should monitor the latest USCIS guidance and seek legal advice, as the final outcome of the litigation could change the fee requirements.

What Is a Green Card?

A Green Card, also known as a Permanent Resident Card, serves as official evidence that its holder has been granted lawful permanent residence as an ‘immigrant’ in the United States. Unlike the H-1B, a Green Card is not tied to a temporary purpose or a fixed period of authorized work. It allows its holder to live and work in the country on a permanent basis, and it eventually opens the door to U.S. citizenship for those who choose to pursue it.

Green Card Eligibility

There is no single path to a Green Card. Federal law instead recognizes several distinct categories, each with its own eligibility criteria.

Family-based sponsorship is among the most common routes, allowing a U.S. citizen or lawful permanent resident to petition for certain qualifying relatives, such as a spouse, child, or parent.

Employment-based sponsorship is another common way to obtain a Green Card. It includes different employment-based categories, known as EB-1 to EB-5. Each category is designed for people with different qualifications, such as extraordinary ability, advanced skills, professional experience, or those who invest in a U.S. business.

Apart from family- and employment-based Green Cards, there are other ways to qualify for permanent residency. For example, people who have been granted refugee or asylum status in the United States may become eligible to apply for a Green Card after meeting certain requirements. Some individuals may also qualify through the Diversity Visa (DV) Lottery, which offers a limited number of Green Cards each year to people from countries with low rates of immigration to the United States. In addition, there are special immigrant categories for certain individuals, such as religious workers, certain international organization employees, and other groups defined under U.S. immigration law.

Many H-1B holders pursue permanent residence through the EB-2 category – our complete guide on EB-2 Visa Requirements covers eligibility, the National Interest Waiver option, and documentation requirements in detail.

Green Card Requirements

Although the specific documentation varies by category, certain requirements apply across nearly every Green Card application.

An applicant must first establish that they fit clearly within one of the recognized eligibility categories described above, whether that is a qualifying family relationship, an employment offer, or humanitarian status.

Applicants are also generally required to undergo a medical examination performed by a USCIS-designated civil surgeon, with the results documented on Form I-693 and submitted alongside the underlying application.

As part of the process, most applicants attend a biometrics appointment, where their fingerprints are taken and a background check is completed by USCIS.

Supporting documents that prove eligibility for the Green Card must also be submitted with the application. These vary depending on the Green Card category and  also include birth certificates, marriage certificates, and proof of valid status in the United States. .

Finally, many applicants, though not all, will be scheduled for a formal interview with a USCIS officer before a final decision is issued. Adjustment of Status is no longer viewed as a right, and the decision is left to the discretion of the officer, who must weigh all positive and negative factors before deciding whether to approve the requested Adjustment of Status, or deny it and require the applicants to return to their home country for Consular Processing. 

Green Card Process

Although the process varies depending on the Green Card category, it generally follows these steps:

1. File the qualifying petition: The process usually begins when a sponsor files the required immigrant petition. This is typically Form I-130 for family-based Green Cards or Form I-140 for employment-based Green Cards. 
2. Wait for petition approval: USCIS reviews the petition and, if eligible, approves it. 
3. Await your visa number (if required): After the immigrant petition is approved, the applicant may need to wait until a visa number becomes available. Immediate relatives of U.S. citizens usually do not have to wait, while applicants in other family- or employment-based categories may experience longer waiting periods. 
4. Submit the  Application for Permanent Residence: Once a visa number is available, the applicant can move to the final application stage. Those already in the United States  apply for Adjustment of Status (Form I-485), while applicants outside the United States must complete consular processing at a U.S. embassy or consulate. 
5. Complete the remaining requirements: Most applicants must attend a biometrics appointment, undergo a medical examination, and attend a personal interview, if required. 
6. Receive the Green Card: If the application for Adjustment of Status is approved, the applicant becomes a lawful permanent resident and receives their physical Green Card in the US. If the applicant completes Consular Processing outside the US, they receive an immigrant visa from the Consulate and become lawful permanent residents upon entry into the US. The physical Green Card will be mailed to his US residence shortly after.  

Green Card Validity

A standard Green Card remains valid for ten years and must be renewed before its expiration date using Form I-90.

Certain Green Cards, however, are issued on a conditional basis and carry a validity period of only two years. This most commonly arises in marriage-based cases involving a union of less than two years at the time permanent residence is granted. Holders of a conditional Green Card must file Form I-751 to have those conditions removed before the two-year period expires.

Renewing a Green Card does not interrupt or reset a person’s underlying status. An individual remains a lawful permanent resident throughout the renewal process, even during any period when their physical card has technically expired.

Green Card Fee

Applying for a Green Card usually involves more than one government fee. The total cost depends on the applicant’s category (employment-based/ family-based) and the forms that need to be filed (I-140/ I-130).

Applicants applying for Adjustment of Status in the United States generally pay the filing fees for Form I-485 and each family member must pay separate fees.. If they also apply for employment authorization (Form I-765) or travel authorization (Form I-131), separate filing fees may apply. 

Applicants completing consular processing must pay the USCIS Immigrant Fee – after their immigrant visa is approved and before traveling to the United States. This fee covers the production and delivery of the physical Green Card. 

In addition to government filing fees, applicants should also budget for expenses such as the required medical examination, document preparation, and, if applicable, legal fees. USCIS also offers fee waivers for certain eligible applicants through Form I-912. Because filing fees are subject to change, applicants should always check the latest USCIS fee schedule before submitting their application.

H-1B Visa vs. Green Card: Detailed Comparison Table

The table below highlights the key differences between an H-1B visa and a Green Card, helping you understand how they compare across important factors. 

Feature	H-1B Visa	Green Card
Type of Status	Non-immigrant (temporary)	Immigrant (permanent resident)
Purpose	Allows foreign professionals to work temporarily in the U.S.	Grants lawful permanent residence in the U.S.
Sponsorship	Requires sponsorship from a U.S. employer	Can be employer-sponsored, family-sponsored, or self-petitioned in certain categories (e.g., EB-1A and EB-2 NIW)
Validity	Initially valid for up to 3 years and generally extendable to 6 years. Further extensions may be available in certain cases, where the Green Card process is underway.	Valid for 10 years (or 2 years for conditional Green Cards) and can be renewed indefinitely as long as permanent resident status is maintained.
Selection Process	Usually subject to the annual H-1B cap and selection process (where applicable).	No lottery, but subject to visa availability and per Country annual limits for certain categories.
Work Flexibility	Tied to the sponsoring employer. Changing employers  requires a new H-1B petition.	Can work for any employer or be self-employed without additional sponsorship.
Travel	Can travel in and out of the U.S. with a valid H-1B visa and required documents.	Can freely travel outside the U.S., although extended absences may affect permanent resident status.
Path to U.S. Citizenship	Does not directly lead to citizenship, but holders may apply for a Green Card if eligible.	Eligible to apply for U.S. citizenship after meeting the residency requirements (generally 5 years, or 3 years if married to a U.S. citizen).
Government Fees	Most government filing fees are paid by the sponsoring employer, while applicants may pay the DS-160 visa fee and other personal expenses.	Fees vary depending on the Green Card category and application process. Either the employer or the employee can pay the immigrant petition fee. Applicants typically pay filing fees for Adjustment of Status, medical examination costs, and the USCIS Immigrant Visa Fee (where applicable).
If Employment Ends	Employment authorization generally ends, although a grace period (typically up to 60 days or till the validity of the I-94, whichever is earlier) may be available.	Permanent resident status is generally not tied to a specific employer once the Green Card is issued.
Long-Term Intent	Allows dual intent, meaning holders can work temporarily while pursuing permanent residency.	Provides permanent resident status and can lead to U.S. citizenship if eligibility requirements are met.

How to Transition from H-1B to a Green Card

When comparing H-1B Visa vs. Green Card, it’s important to understand that moving from an H-1B visa to a Green Card is a multi-step process. While the exact timeline depends on the Green Card category and the applicant’s country of birth, most employment-based applicants follow the steps below.

Step 1: PERM Labor Certification

For most H-1B workers, the process begins with PERM or Permanent Employment  Certification with the U.S. Department of Labor. The employer requests a prevailing wage from the U.S. Department of Labor and completes a recruitment process to determine whether qualified U.S. workers are available for the position. If no suitable candidate is found, the employer files Form ETA-9089 for PERM certification. To reach this stage can take around 22–24 months, depending on processing times and whether the application is selected for audit.

Step 2: File Form I-140

After the PERM application is approved, the employer files Form I-140 (Immigrant Petition for Alien Worker). This petition confirms that the applicant qualifies for the chosen employment-based Green Card category and that the employer can pay the offered wage. Applicants who choose Premium Processing may receive a faster decision from USCIS.

Step 3: Wait for a Priority Date

Once Form I-140 is approved, the applicant must wait until a visa number becomes available. The waiting time depends on the applicant’s Green Card category and country of birth. While some applicants can move forward quickly, others—particularly those born in countries with high demand, such as India or China—may face significantly longer waiting periods.

Step 4: Apply for the Green Card

When the priority date becomes current, applicants already in the United States usually file Form I-485 (Adjustment of Status). Applicants outside the United States generally complete consular processing by filing Form DS-260 through a U.S. embassy or consulate. Most applicants must also complete a biometrics appointment, medical examination, and, in many cases, an interview before receiving their Green Card or their immigrant visas, if processing takes place outside the U.S.

Maintaining H-1B Status During the Process

Because the Green Card process can take several years, eligible H-1B workers may be able to extend their H-1B status beyond the usual six-year limit if they have a PERM that has been filed more than 365 days ago, or an employment-based immigrant petition (Form I-140) filed more than 365 days ago, or or an approved employment-based  immigrant petition. In many cases, they can also change employers without losing their place in the Green Card process, provided certain legal requirements are met.

Frequently Asked Questions (FAQs)

What is an H-1B visa in the USA?

An H-1B visa is a temporary U.S. work visa that allows U.S. employers to hire foreign professionals in specialty occupations requiring specialized knowledge and at least a bachelor’s degree or equivalent, in a directly related and specific field, required for the occupation.

Can an H-1B holder apply for a Green Card?

Yes. H-1B holders can apply for a Green Card if they meet the eligibility requirements, most commonly through employer sponsorship.

How long after getting an H-1B can I apply for a Green Card?

There is no required waiting period. An employer can begin the Green Card process at any time, provided the applicant is eligible.

Is an H-1B an immigrant visa?

No. An H-1B is a non-immigrant visa that allows temporary employment in the United States while also permitting dual intent.

Can an H-1B lead to citizenship?

Not directly. However, H-1B holders who obtain a Green Card may later become eligible to apply for U.S. citizenship after meeting the required residency and legal requirements.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Receipt of this communication does not establish an attorney-client relationship. Please consult with a qualified immigration attorney regarding your specific circumstances.