Visto n' Visa

The H-1B is a temporary worker status; can I pursue permanent residence?

Yes: the H-1B allows dual intent, so you can pursue permanent residence without jeopardizing your current status. The usual route is employer sponsorship, with steps such as labor certification. Plan ahead and confirm requirements with USCIS.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 10, 2026
1 min read
Share

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
All about H-1B

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.

Victoria's tips

The H-1B is a temporary worker status; can I pursue permanent residence?

Yes: the H-1B allows dual intent, so you can pursue permanent residence without jeopardizing your current status. The usual route is employer sponsorship, with steps such as labor certification. Plan ahead and confirm requirements with USCIS.

Recommended reading about H-1B

More content about H-1B