H-1B to Green Card: 2026 Step-by-Step Process (EB-1 A, EB-2 NIW) ( EB-2,/EB-3)
For thousands of high-skilled professionals in the United States, the H-1B visa is often the first step in a long journey toward permanent residency. However, as we move into 2026, the landscape of U.S. immigration continues to evolve, shaped by significant backlogs, fluctuating priority dates, and a heightened focus on "extraordinary ability" and "national interest".
Whether you are an engineer from India facing a decades-long wait in the EB-2 category or a researcher wondering if you qualify for a National Interest Waiver (NIW), understanding the nuances of each pathway is critical to securing your future in the U.S.
At Chopra Law Office, we specialize in navigating these complex legal waters to turn your professional goals into permanent reality.
Understanding the Basics: Why H-1B is "Dual Intent"
One of the greatest advantages of the H-1B visa is its Dual Intent nature. Unlike many other non-immigrant visas (like the F-1 student visa), H-1B holders can legally seek permanent residency (a Green Card) without jeopardizing their current visa status.
The Standard Timeline Constraints
The 6-Year Limit: Generally, H-1B status is capped at six years.
The AC21 Extensions: Under the American Competitiveness in the 21st Century Act (AC21), you can extend your H-1B beyond six years in one-year or three-year increments if your labor certification or I-140 petition has been pending for over 365 days, or if your I-140 is approved but your priority date is not yet current.
Pathway 1: The "Fast Track" – EB-1A (Extraordinary Ability)
The EB-1A category remains the gold standard for immigration because it often allows applicants to bypass the lengthy PERM labor certification process and, in many cases, has more favorable priority dates.
Who Qualifies?
This is reserved for individuals at the very top of their field in science, arts, education, business, or athletics. You must demonstrate "sustained national or international acclaim".
The Criteria (Meeting at least 3 of 10):
Receipt of lesser nationally or internationally recognized prizes or awards.
Membership in associations that require outstanding achievements.
Published material about you in professional or major trade publications.
Evidence that you have been asked to judge the work of others.
Original scientific, scholarly, or artistic contributions of major significance.
Authorship of scholarly articles in professional journals.
Strategy Note: You do not need a job offer or an employer sponsor for EB-1A; you can self-petition.
Pathway 2: The EB-2 National Interest Waiver (NIW)
For many professionals who don't quite meet the "extraordinary" threshold of EB-1A but possess high-level skills, the EB-2 NIW is a powerful middle ground.
The Advantage
Like the EB-1A, the NIW allows you to waive the PERM Labor Certification process. This saves months (sometimes over a year) of recruitment time and allows for self-petitioning.
The Three-Pronged "Dhanasar" Test:
Substantial Merit and National Importance: Your proposed endeavor must have significant value to the U.S. (e.g., healthcare, specialized technology, or the economy).
Well-Positioned: You must demonstrate that you have the education, experience, and track record to successfully execute your endeavor.
Beneficial to the U.S.: On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements.
Pathway 3: The Employer-Sponsored Route (EB-2 and EB-3)
This is the most common route for H-1B holders. It requires a committed employer and a three-stage process.
EB-2 (Advanced Degree/Exceptional Ability)
Requires a Master’s degree, or a Bachelor’s plus five years of progressive experience.
Generally has shorter wait times than EB-3, though backlogs for India and China remain severe.
EB-3 (Skilled Workers/Professionals)
Requires at least a Bachelor’s degree or two years of training/experience.
Often used when the job description does not meet the "Advanced Degree" requirements of EB-2.
The Step-by-Step Process (Employer-Sponsored)
Step 1: PERM Labor Certification
Your employer must prove to the Department of Labor (DOL) that there are no qualified, willing, or able U.S. workers for your position. This involves a rigid recruitment process (job postings, newspaper ads).
Step 2: Form I-140 (Immigrant Petition for Alien Worker)
Once PERM is approved, your employer files the I-140 with USCIS to "reserve" your place in line. Your Priority Date is established the day your PERM was filed.
Step 3: Adjustment of Status (I-485) or Consular Processing
You can only file this final step when your Priority Date is "Current" according to the Monthly Visa Bulletin issued by the State Department.
If in the U.S.: File Form I-485 (Adjustment of Status).
If outside the U.S.: Undergo Consular Processing at a U.S. Embassy.
2026 Predictions and Trends: What to Expect
Increased Scrutiny on "Ability to Pay": USCIS is closely examining whether smaller companies have the financial health to pay the "prevailing wage" promised in the PERM.
STEM Focus: The U.S. government continues to prioritize STEM (Science, Technology, Engineering, Math) fields, making EB-2 NIW petitions particularly attractive for tech
professionals.
The "Downgrade" Strategy: In previous years, some applicants "downgraded" from EB-2 to EB-3 when the latter's dates moved faster. However, in 2026, experts suggest caution as these trends can reverse quickly, leading to "retrogression".
Conclusion: Why Legal Counsel Matters
The journey from H-1B to Green Card is rarely a straight line. Between navigating the DOL’s recruitment requirements and choosing between an EB-1A or an NIW, a single error can lead to years of delay or a denial.
At Chopra Law Office, we don't just file forms; we build a narrative that proves your value to the United States. Whether you are an entrepreneur, a software architect, or a medical professional, we provide the EEAT-compliant (Experience, Expertise, Authoritativeness, and Trustworthiness) guidance necessary for a successful petition.
Ready to start your permanent residency journey? Contact Chopra Law Office today for a comprehensive case evaluation. Let’s turn your H-1B into a Green Card.
