H-2B Visa to Green Card

While H-2B visa holders can generally apply for a Green Card in the US, it can be a challenging process, as there is no direct pathway offered between the H-2B visa, which is a temporary or non-immigrant visa for non-agricultural work on seasonal or other time-limited work arrangements in the US. To obtain an EB-3 visa, which is also known as a Green Card that is offered on an employment basis, applicants will need to qualify by meeting the specific Green Card requirements.

To apply for a Green Card with an H-2B visa, individuals will need to first obtain this visa, which may be offered to workers under special circumstances: it is a temporary visa that is offered to temporary workers active in non-agricultural sectors for specific, limited-time assignments such as intermittent, seasonal, or peak load assignments. Workers wishing to obtain this visa will need to have a suitable job opportunity with a US employer that does not take away a genuine employment opportunity from US workers, meaning that there needs to be a local scarcity for this role. Generally, H-2B visas may cover both skilled and unskilled workers, depending on the type of job and associated requirements.

There is a set maximum on available H-2B visas, meaning that it can be somewhat competitive to obtain this, as there tend to be a lot of applications. Nevertheless, it can be a worthwhile endeavor when you eventually want to obtain a Green Card in the US, as it may open pathways to find a permanent employer, which is necessary to become eligible for an employment-based green card.

To apply for an H-2B visa, you will need to meet the eligibility criteria, which include steps your sponsoring employer must fulfil. First, to ensure that your job is eligible to be filled by you and sponsored for an H-2B visa, your employer will need to show that hiring foreign workers to fill this position is a necessity due to local labor shortages. Since this visa covers the recruitment process for temporary services, this means that the need to hire for this position must fall under one of the four available categories:

• One-time need: Jobs that are limited to short one-off periods
• Seasonal need: Seasonally recurring jobs that recur and don’t overlap with vacation periods of US-based workers
• Peak-load need: Job positions during busy peak times, demanding additional workers
• Intermittent need: Jobs with a lack of available full-time workers

Your employer must also be US-based with the required labor certification to be able to sponsor you for this visa.

As the applicant, you will need to be a citizen of a country that is eligible for this visa route. You will also need to meet the baseline qualifications that are necessary for the type of job you are applying for. You will need to show believable proof that you plan to return to your country after your visa ends, even if you want to eventually gain long-term permission to stay via a green card.

While the H-2B visa only covers a limited period of time, it is still a good opportunity to come and work in the US on a temporary basis. It allows access to the US lifestyle, wages, and general work opportunities while potentially facilitating the process of finding long-term employment opportunities that may set you on the path towards qualifying for an HB-3 visa or Green Card.

Nevertheless, there are still key limitations that should be considered, such as the challenging application process, which can take a long time and leave you in a period of uncertainty due to the strict limitations and high competition for the number of visas available. It can also be challenging, as this visa generally ties you to your job and employer for its duration. Furthermore, there is no guarantee that this visa will offer you a chance to secure the right kind of opportunity to eventually obtain a Green Card.

Page Contents

• • Can an H-2B Visa Holder Apply for a Green Card?
  • The H-2B Visa to Green Card Process
  • The H-2B to Green Card Timeline
  • H-2B vs EB-3: A Side-by-Side Comparison
  • Why the EB-3 Visa is a Better Long-Term Option
  • Is There a Lottery or Cap for EB-3 Visas?
  • How H-2B Workers Can Transition to EB-3?
  • Why Are US Employers Turning to EB-3 Workers?
  • How Can Total Law Help?
  • FAQ

If you have successfully obtained a valid H-2B visa, you may be looking at finding a more permanent status in the US, and it can be frustrating to hear that there is no direct path from this visa towards long-term and lawful permanent residence in the US. Nevertheless, there are options that you may explore when trying to secure a more stable life in the US. For individuals looking to switch from an H-2B visa to a long-term option, continuing on the employment-based immigration route is usually the first line of inquiry. Generally, your first step towards qualifying for a Green Card should be to seek an opportunity to secure a long-term sponsor.

This means that you will need to obtain an opportunity for long-term or permanent employment for an eligible job with an employer who is able to sponsor you for a US Green Card. This generally involves the EB-3 visa category, which is offered to skilled workers or other professionals who have the right qualifications to meet the associated employment requirements. While this can sound limiting, it is actually a lot more accessible than it may seem, as the EB-3 visa doesn’t necessarily demand special skills or qualifications, and many workers who have previously qualified for an H-2B visa can be eligible. However, you should be able to show that you have at least two years of experience or training that is relevant to the job you are applying for.

When you have found a suitable job and your employer has decided to sponsor you, the EB-3 application process may begin. This involves filing the Form I-140 immigrant petition, which will be submitted by your employer to the US Citizenship and Immigration Services (USCIS). However, it is important to remember that your employer will usually need to obtain a PERM Labor Certification first, to be permitted to hire you as an international worker. Similar to the requirement for your H-2B visa, this certification clarifies that the job they are hiring you for could not be filled by available US workers.

Our team of immigration specialists can support you with any aspect of the H-2B to EB-3 visa transition or help you find alternatives. We are also able to support sponsoring employers with the filing process and other steps. You can call us today at +1 844 290 6312 to get started.

It is important to remember that the total EB-3 Green Card application process can take a significant time to process, with wait times of one to three years being common. For applicants from certain countries, processing times can take up to six years, as there are annual visa caps. However, your employer may pay an additional fee to expedite the processing of your EB-3 visa application.

Of course, such a long process can feel disheartening, but whether you are just starting out or are already in the middle of it, it can help to break it down into smaller milestones to remind yourself of your progress. As such, you can break the process down into finding a sponsor and job opportunity, your employer filing for the relevant PERM Labor Certification, and your actual visa application. In the end, securing the future you want can be well worth the wait.

While individuals on an H-2B visa often decide to look for ways to obtain an EB-3 visa, the two visas are very distinct options for US immigration, as the H-2B visa is a strictly temporary visa solution while the EB-3 visa is oriented towards long-term immigration status.

Both visa options are available to workers and may apply to similar types of work carried out in the US, but the H-2B visa is offered to workers on temporary assignments only. As such, the H-2B visa offers short stays with durations depending on the length of the assignments. H-2B visas can be valid for up to one year and may be extended for up to three years in total if there is a genuine need.

The EB-3 visa, on the other hand, offers permanent residency in the US, though its application conditions may be stricter.

For fast access to the US, the H-2B visa will generally be more suitable as it tends to be a faster application process than the EB-3 visa process, though even this visa can take months to process.

Both visas allow workers to bring their immediate family members, such as a spouse, partner or underage and unmarried children, as dependents.

Despite the lengthy and complicated process of obtaining an EB-3 visa, it offers notable benefits, as obtaining long-term permission to work and live in the US can offer significant improvements in terms of stability while giving you access to the local lifestyle and wages. Obtaining a Green Card can also allow you to petition for your immediate family members to join you in the US, meaning that you can establish your life there together. Furthermore, by obtaining a Green Card, you may eventually qualify for US citizenship.

Of course, specifics will always depend on your individual goals and circumstances, but while there is no direct pathway for H-2B visa holders to obtain a Green Card, there may be options for existing H-2B visa holders who have found a qualifying opportunity for a Green Card to switch their visa without needing to leave the US.

Compared to the H-2B visa, a Green Card can open up a lot of future possibilities, while an H-2B cannot offer any long-term solutions without frequent re-applications, which would offer fragmented stays at best, while involving continuous costs and challenges of navigating the application process and associated competition.

You may have heard the term Green Card Lottery, which can make the application process to obtain an EB-3 visa sound less than certain, but it is important to know that the EB-3 visa does not use a lottery system.

However, this doesn’t mean that an unlimited number of these visas are issued, as the US tries to manage its immigration rates with increasing strictness. Instead, the EB-3 visa is issued with an annual cap depending on work category, and the EB-3 visa is generally issued based on application order for eligible recipients.

While there is no guarantee for a successful EB-3 visa application, a good strategy is to be well prepared with a clear understanding of the EB-3 visa requirements. It is important that your employer carries out all necessary steps in a timely manner. Meanwhile, it can help to be strategic about the anticipated wait time as well, to ensure that you are not suspended in limbo for too long.

Making use of all available resources can further increase your odds. First, you can benefit from premium processing options, which speed up parts of your application. It can also help to ensure that your application is thorough and presented in a timely manner. Here, it may help to seek application support from immigration specialists who have experience with this process. Our team of immigration lawyers at Total Law can help you and your employer navigate the EB-3 visa process. You can call us today at +1 844 290 6312 to explore your options.

The main step towards obtaining an EB-3 visa is to find a suitable US employer who is willing to sponsor you for long-term employment that is compatible with a Green Card. It can be challenging to find such an employment opportunity, but this is where it may help if you are already in the US with an H-2B visa, as this will make it somewhat more accessible.

Your employer needs to carry out the PERM Labor Certification process, as this is an essential requirement to show that the job you are being hired for is not taking away an employment opportunity from a worker already in the US.

After this, the application process involves filing the I-140 application form, which can take a long time to process. During this time, you will need to continue to maintain a valid visa, such as your H-2B visa, should you wish to stay in the US. Otherwise, you may have to leave and return once your Green Card has been approved and you are ready to start your new job, but this may involve additional steps to ensure that your application is not terminated.

The main step towards obtaining an EB-3 visa is to find a suitable US employer who is willing to sponsor you for long-term employment that is compatible with a Green Card. It can be challenging to find such an employment opportunity, but this is where it may help if you are already in the US with an H-2B visa, as this will make it somewhat more accessible.

Your employer needs to carry out the PERM Labor Certification process, as this is an essential requirement to show that the job you are being hired for is not taking away an employment opportunity from a worker already in the US.

After this, the application process involves filing the I-140 application form, which can take a long time to process. During this time, you will need to continue to maintain a valid visa, such as your H-2B visa, should you wish to stay in the US. Otherwise, you may have to leave and return once your Green Card has been approved and you are ready to start your new job, but this may involve additional steps to ensure that your application is not terminated.

Over time, US employers have continued to turn towards EB-3 workers, as this is a main way to solve local labor shortages. Hiring globally has long been a core strategy for businesses struggling to meet their talent needs from the available workers locally, meaning that this creates an opportunity for foreign nationals to come to the US on a sponsored EB-3 visa.

Due to the local conditions leading to this move towards international hiring, it also facilitates the essential step of the PERM Labor Certification, as the requirements of this certification simultaneously are the cause for the employer to look outside the US for hiring.

While some of these positions may be filled over other routes instead of the EB-3 visa, such as the temporary assignments of the H-2B visa, there is nevertheless a general tendency towards these longer employment routes as they offer more stability for the company, less frequent hiring and sponsorship processes, which can both tie up resources, funds, and time.

With this practice being well established already, it is likely to continue as a stable pathway for international workers wishing to come to the US. With continued efforts to fight high turnover rates, US employers will likely continue looking towards ensuring higher retention odds, which are generally offered via EB-3 sponsored employees.