Yes. Although the H-1B is a temporary worker status, it allows what is known as dual intent. In practice, this means you can maintain your H-1B while pursuing permanent residence, and that intention alone does not jeopardize your current status.
The most common path for this transition is employer sponsorship, which initiates a separate employment-based immigration process. This process typically involves steps such as labor certification (demonstrating to the relevant agency the need for the foreign professional) and a petition for the applicable residence category.
- The H-1B allows dual intent, so pursuing a Green Card does not invalidate your status.
- The usual route is employer sponsorship, with its own specific steps.
- It is a dedicated process that requires careful planning and consistent documentation.
Because this path has its own rules and multiple stages, it is worth confirming the current requirements with USCIS and, ideally, reviewing your specific situation with an immigration professional before you begin.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.