H-1B to Permanent Residency: EB-2 & EB-3 Priority Date Forecasting
Navigating the transition from non-immigrant H-1B specialty worker status to employment-based permanent residency (Green Card) involves understanding the multi-step statutory immigration pipeline: Prevailing Wage Determination (PWD), PERM Labor Certification, Form I-140 Immigrant Petition, and Form I-485 Adjustment of Status.
1. Country-of-Birth Caps & The Backlog Reality
Under the Immigration and Nationality Act (INA), no single country of birth can receive more than 7% of employment-based green cards per fiscal year. For individuals born in India and China, demand vastly outstrips the statutory allocation, creating multi-decade priority date queues in the EB-2 (Advanced Degree) and EB-3 (Skilled Workers) preference categories.