The best time to apply for a Green Card is while in the US
Feb 24, 2025
Understand why it's crucial to start your green card process while in the US and why relying solely on employer-sponsored immigration is risky.
If you want to build your career and your life in the US, it's crucial to understand how the H-1B lottery (temporary work visa tied to an employer) and the PERM process (initial step for employment-based Green Card) can be affected by your company's hiring policies. If the organization isn't expanding its local workforce or has recently conducted layoffs, visa approvals for foreigners may be reduced, as it would be inconsistent for the government to authorize international hires under these circumstances.
Relying solely on your employer for immigration status is particularly risky for H-1B visa holders. If laid off, you have only 60 days to find a new employer willing to sponsor your visa—a significant challenge considering the limited number of sponsoring companies. If you can't secure a new sponsor within this period, you will be required to leave the US and return to your home country. In this scenario, any subsequent visa or green card application would be treated as an application from outside the country, which traditionally involves longer processing times.
Processing times are also significantly affected by current immigration policies. As of 2023, for example, the approval of the I-140 petition for the EB-2 NIW visa, which previously took 6-12 months, can now extend up to 18 months. For applicants who need to apply from outside the US, the complete process for obtaining a green card through this category, previously estimated at 1-2 years, can now exceed 3 years. Furthermore, relying exclusively on OPT (Optional Practical Training) after graduation isn't the best strategy. Many companies avoid hiring professionals for just the initial 1-year OPT period. Even with the possible 24-month extension for STEM fields, the requirement for companies to be E-Verify registered adds an extra layer of bureaucracy, discouraging potential employers. On the other hand, obtaining a green card provides unrestricted access to the job market, eliminating these barriers and offering greater security and flexibility in building your career in the US.
Given these challenges and uncertainties, it's essential to consider alternatives that offer greater autonomy, such as EB-1 and EB-2 NIW green card applications. These categories reduce your dependence on a specific employer and provide greater stability for your stay in the US.
Layoff possibility and limited grace period: with an H-1B visa, a layoff initiates a critical 60-day period to find a new sponsoring employer or change your immigration status.
PERM process and instability: the PERM process, a mandatory step for employer-sponsored green cards, can exceed 2 years when including all steps and possible audits—much longer than the previous 6-month timeline. If you're laid off during this period, all progress is lost, and the process must be restarted from scratch with a new employer, even if you quickly find another position.
Professional limitations: you're restricted to working within the same pool of companies that sponsor H-1B or have no restrictions on OPT and E-Verify. With a green card, you can choose where to work without compromising your stay in the US.
Family impact: for families with dependents, there's the risk of "aging out"—when children turn 21 and lose green card eligibility, requiring them to seek other visa types or leave the country.
Stability and planning: obtaining a green card eliminates concerns about visa renewals and bureaucratic complications. Since green card processing times are much shorter when applying from within the US, starting the process while eligible is crucial.
Status adjustment advantages: after I-140 approval (Immigrant Petition for Alien Worker), you can apply for status adjustment (I-485). This allows you to obtain US work and travel authorization (EAD/AP) within 3-5 months. With these documents, you and your spouse can work for any US employer without specific sponsorship while awaiting green card issuance.
Political context: The immigration landscape can change rapidly. If you currently meet EB-1 or EB-2 NIW requirements, delaying your application could be risky due to possible law changes, increased demand, or new restrictions.
Opportunity cost: a green card provides essential advantages. With it, you can finance vehicles without a down payment and access special mortgage conditions after two years as a permanent resident. In education, permanent resident status facilitates university admissions and access to scholarships for you and your family. After 5 years, you can apply for naturalization, obtaining a US passport and voting rights.
When to Apply?
The ideal time to start the EB-1 or EB-2 NIW process is during valid work or study visa. This allows you to maintain your current work authorization, and after I-140 approval, you and your spouse can apply for EAD (I-765) to ensure continuous work permission. All this within 5-9 months.
Who often misses opportunities?
MBA and master's students: Many rely solely on OPT after graduation, not realizing that many companies don't want to hire for short 1-year periods. Even with possible extensions, the additional E-Verify bureaucracy also discourages many companies.
Professionals in large companies: wait for corporate sponsorship without knowing that, with an approximate $15,000 investment, they can obtain a green card faster and independently. This autonomy allows them to negotiate better positions and salaries at other companies.
PhD students: Many delay applying, thinking they need to complete their PhD, when in fact, a master's degree or bachelor's with 5 years of experience already qualifies them. After program completion, without a green card, you'll depend on OPT for legal status and may not have enough time to apply from within the US, which is the fastest route.
Who can apply?
Advanced degree or experienced professionals: Graduated professionals with 5+ years of relevant experience or with an advanced degree (master's, MBA, or PhD).
Outstanding abilities professionals: Professionals with outstanding abilities in arts, entrepreneurship, technology, sciences, or specific fields.
How to apply?
If you fit the profile (high skills, advanced degree, or bachelor's with 5 years of professional experience), you can either build your case yourself or hire Jumpstart, which can handle the end-to-end process.
What sets Jumpstart apart?
Highly experienced lawyers: with over 10 years of experience and high approval rates.
Quality and shared risk clause: we review your profile twice before accepting your case. Your case will be approved or we will refund 50% of attorney fees.
Fair pricing and flexibility: we charge around 60% of what large firms do, offering multiple payment methods - installment plans of up to 21x on credit cards, and financing for up to 24 months.
Convenience: complete case assembly (business plan and recommendation letter creation, document organization) and guidance until visa issuance so you don't waste time and only need to provide essential information.
Speed: We understand that immigration processes take time we can't control. Therefore, we're agile in the steps we control (service, application, and response).
