Many professionals begin planning for a U.S. green card while working on a temporary visa. H-1B and L-1 status may allow qualifying employment in the United States, but neither visa automatically provides permanent residence. A separate immigrant petition and green card process are required.
U.S. employment-based immigrant visas fall into five preference categories: EB-1, EB-2, EB-3, EB-4, and EB-5. These categories include options for skilled workers and professionals, multinational managers, people with extraordinary ability, certain special immigrants, and qualifying investors. EB-5 is one category within the system, not the only employment-based green card option. travel.state.gov
Employment-Based Green Card Categories
| Category | Who may qualify | Typical sponsorship route |
|---|---|---|
| EB-1 | People with extraordinary ability; outstanding professors or researchers; certain multinational managers and executives | EB-1A allows self-petition. EB-1B and EB-1C generally require an employer petition. |
| EB-2 | Professionals with advanced degrees or people with exceptional ability | Usually employer-sponsored with labor certification; an eligible applicant may seek a National Interest Waiver (NIW). |
| EB-3 | Skilled workers, professionals, and certain other workers | Usually requires an employer, a permanent job offer, and labor certification. |
| EB-4 | People who qualify under specific special-immigrant provisions | Requirements depend on the particular subcategory. |
| EB-5 | Investors meeting program investment and job-creation requirements | Based on qualifying investment and program eligibility. |
How H-1B Holders May Pursue a Green Card
H-1B is a temporary, employment-based visa classification for qualifying specialty-occupation workers. An H-1B holder may be sponsored for an employment-based green card, often through EB-2 or EB-3. These routes commonly involve an employer-sponsored labor certification followed by Form I-140, although the exact process depends on the category and case facts.
Some H-1B holders may qualify for another category, such as EB-1A, EB-1B, or EB-2 NIW, if they independently meet that category’s requirements. Holding H-1B status alone does not establish eligibility for any of these immigrant categories. USCIS recognizes that people in H-1B status may pursue immigrant petitions and permanent residence while maintaining qualifying nonimmigrant status. uscis.gov
How L-1 Holders May Pursue a Green Card
L-1 status allows certain employees to transfer from a qualifying foreign organization to a related U.S. organization. L-1A is for qualifying managers and executives, while L-1B is for employees with specialized knowledge. Both are temporary classifications, and a separate immigrant petition is needed for permanent residence. USCIS
When comparing L1a vs L1b, a key green card consideration is whether an L-1A employee may qualify for EB-1C as a multinational manager or executive. L-1A approval can be relevant, but it does not guarantee EB-1C approval. USCIS separately examines the qualifying company relationship, the employee’s work abroad, and the proposed U.S. role.
L-1B status does not itself qualify an employee for EB-1C. Depending on the job and qualifications, an L-1B employee may explore employer-sponsored EB-2 or EB-3, or another category for which they independently qualify. The L1 visa to green card strategy should therefore be based on the immigrant category’s requirements, not on the temporary visa label alone. travel.state.gov
Typical Green Card Process
The process varies, but many employer-sponsored cases involve these steps:
- Identify a suitable category. Review the applicant’s education, experience, achievements, proposed position, and employer.
- Complete labor certification if required. Many EB-2 and EB-3 employer-sponsored cases require the employer to complete a Department of Labor process.
- File the immigrant petition. The employer or, in certain categories, the applicant files the applicable petition with USCIS. Form I-140 is commonly used for employment-based cases.
- Wait for visa availability. The priority date and monthly Visa Bulletin determine when an immigrant visa number may be available. Cutoff dates can differ by category and country and may move backward. travel.state.gov
- Complete the final residence stage. Eligible applicants in the United States may apply for adjustment of status. Applicants outside the United States generally complete immigrant visa processing through a consulate.
Planning for 2027 and Beyond
Employment-based cases may involve several stages and separate processing queues. The American Immigration Council’s analysis of USCIS data through fiscal year 2025 reported increased I-140 backlogs and many approved beneficiaries waiting for visa numbers. As a result, applicants should avoid relying on a fixed timeline for 2027 or later.
Applicants and employers should keep job descriptions and company records consistent, monitor the Visa Bulletin, and maintain valid immigration status and work authorization while a green card case is pending. Before changing employers, job duties, or work locations, review how the change may affect the case.
Disclaimer: This article provides general information, not legal advice. Eligibility and strategy depend on individual facts. Consult a qualified U.S. immigration attorney before making immigration decisions.
