Does the H-1B visa allow dual intent and a path to a green card?

Unlike many temporary visas, the H-1B is a dual-intent classification. This means you can hold H-1B status while also intending to become a permanent resident.

Many H-1B workers move toward a green card through an employment-based immigrant petition, commonly Form I-140 in categories such as EB-2 or EB-3, often after a labor certification (PERM) step handled by the employer.

Because an approved I-140 or AC21 extensions are available, you can lawfully remain in H-1B status beyond the usual six years while waiting for an immigrant visa number to become available.