H-1B to Green Card: Growing Struggles for Skilled Workers

The pathway from H-1B to green card has become increasingly uncertain for many skilled workers in the United States. What was once considered a straightforward process is now fraught with hurdles. A recent case highlighted online shows how even highly specialized professionals are struggling with the Labor Market Test (LMT) required for the PERM labor certification process.

A Bay Area technology manager, employed since 2020 as an Oracle and SAP specialist, revealed that his employer’s green card sponsorship was stalled. The cause: the Department of Labor’s mandatory test to prove no qualified U.S. workers are available for the role attracted a surprisingly high number of American applicants. This reality reflects the broader shift in today’s labor market, where layoffs and economic pressure have made even niche positions competitive.

The case underscores a growing challenge for thousands of foreign workers seeking to transition from an H-1B visa to green card approval. Many who planned long-term settlement now face delays and heightened stress about their future in the U.S.

Labor Market Test: The Roadblock in the H-1B to Green Card Path

The Labor Market Test (LMT) is designed to protect U.S. workers by ensuring they are given priority consideration before an employer can sponsor a foreign employee for permanent residency. Under this rule, employers must advertise the position and consider any qualified American applicants before moving forward with a PERM application.

In practice, however, this test often becomes a stumbling block for H-1B workers. Even for niche technical roles, the current wave of layoffs in the tech sector has created a surplus of applicants. As one online commentator noted, “It’s going to be near impossible to legitimately pass a labor market test with this many layoffs.”

This heightened level of competition makes it harder for employers to justify sponsorships. Many applicants for permanent residency now find their cases delayed or denied despite years of professional experience in the U.S.

H-1B to Green Card: Why PERM Fails in a Tight Labor Market

PERM approval depends on a successful recruitment process. If even one U.S. applicant appears minimally qualified, the employer cannot proceed. In industries with widespread layoffs, these odds increase dramatically.

Key reasons for failure include:

1. High applicant volume: With many job seekers actively applying, employers often receive multiple resumes that appear suitable.

2. Broader interpretation of qualifications: The Department of Labor applies a wide lens to who is considered “qualified,” even if their experience does not fully match.

3. Strategic misuse of the system: Reports suggest some individuals apply for PERM job postings without genuine interest, adding unnecessary obstacles.

This creates frustration for foreign workers who already hold jobs and contribute to U.S. businesses. For them, the H-1B to green card transition is not about taking jobs away, but about securing long-term stability.

Alternative Paths for H-1B to Green Card Candidates

Not all hope is lost. Immigration attorneys emphasize that while LMT challenges are real, there are strategies to navigate the process:

1. Employer strategy: Working with smaller companies or those located outside major metropolitan hubs can reduce the volume of competing applicants.

2. Job specialization: Highly unique skill sets, certifications, or technical expertise still provide a stronger case for labor certification.

3. Exploring EB-2 National Interest Waiver (NIW): For professionals whose work benefits the United States, the NIW bypasses the labor market test. This option is particularly relevant for researchers, healthcare professionals, and tech innovators.

4. Company readiness: Employers familiar with the employment-based green card process are better equipped to handle recruitment requirements and reduce risks of denial.

Visa Holders Warned About Missteps

Another concern raised by visa holders is misuse of the system. Some U.S. workers, unaware of the purpose behind PERM recruitment ads, apply for these roles thinking they represent genuine job openings. In reality, these postings exist only to fulfill labor certification requirements. Such applications complicate the process without creating real job opportunities.

This confusion benefits no one. H-1B workers end up stuck, employers face delays, and U.S. applicants do not gain employment. As one professional noted, “This only gives employers more power to exploit workers and creates unnecessary roadblocks for everyone.”

Long-Term Implications for H-1B to Green Card Seekers

For many foreign professionals, the H-1B to green card journey is not optional. It determines whether they can settle permanently in the U.S. or face the risk of returning to their home countries after years of contribution.

Impacts include:

• Personal uncertainty: Families cannot plan for home purchases, children’s education, or long-term financial stability without clarity on immigration status.

• Employer challenges: Companies risk losing trained talent if PERM cases fail, creating disruption and additional costs.

• National competitiveness: The U.S. risks losing highly skilled workers to Canada, the UK, or Australia, which offer more straightforward residency pathways.

For those affected, the anxiety is real. Even after years of work, tax contributions, and community involvement, permanent residency remains uncertain.

H-1B to Green Card: Practical Steps for Applicants

To increase the chances of success, immigration lawyers recommend several practical steps:

1. Plan early: Do not wait until the final years of H-1B status. Begin the H-1B visa process as soon as possible.

2. Consult experts: Immigration attorneys can advise on job classifications, prevailing wage levels, and recruitment strategies.

3. Document achievements: Keep thorough records of work history, certifications, and specialized projects to strengthen applications.

4. Stay updated: Policies around H-1B and employment-based green cards change frequently. Regularly check updates.

5. Consider alternatives: Explore EB-1 (extraordinary ability) or EB-2 NIW options if your profile qualifies.

Policy Debate: Is the System Working?

The case raises broader questions about whether the H-1B to green card process is keeping pace with modern labor realities. Supporters of reform argue that the current framework punishes skilled foreign workers and discourages companies from long-term sponsorship. Critics believe the LMT is vital to protect American workers, especially in an economy still healing from layoffs.

Regardless of perspective, one fact remains clear: thousands of professionals are caught in the middle, waiting for clarity while navigating a complicated and uncertain system.

The journey from H-1B to green card is complex, stressful, and often misunderstood. Delays in PERM certification, failed labor market tests, and policy uncertainty make the process harder than ever. But with the right strategy and guidance, success is possible.

Maple Crest Immigration Law provides tailored support for professionals and families navigating the U.S. immigration system. From green card sponsorship to labor certification advice, our team ensures you avoid costly mistakes and maximize your chances of approval.

Contact Maple Crest Immigration Law today for a consultation and take control of your H-1B to green card pathway.