H1B vs PERM: What's the Difference?
Understanding the key differences between temporary work authorization and the path to permanent residence
Type:
Temporary work visa
Duration:
3 years (extendable to 6 years total)
Purpose:
Work temporarily in a specialty occupation
Path to Green Card:
Can transition to PERM while on H1B
Type:
Labor certification (green card step 1)
Duration:
Permanent (leads to green card)
Purpose:
Pathway to permanent residence
Path to Green Card:
First step in green card process
Detailed Comparison
| Feature | H1B | PERM |
|---|---|---|
| Processing Time | 1-6 months | 6-12 months (certification only) |
| Annual Cap | 85,000 (65,000 + 20,000 advanced degree) | No cap |
| Education Requirement | Bachelor's degree (or equivalent) | Varies by position |
| Job Flexibility | Can change employers (H1B transfer) | Tied to sponsoring employer |
| Family Benefits | H4 visa for dependents | Green card for family members |
| Cost (Employer) | $5,000-$10,000 | $10,000-$20,000+ |
Typical Timeline
- 1.
LCA Filing (1 week)
Employer files Labor Condition Application
- 2.
Cap Registration (March)
Enter lottery if subject to cap
- 3.
Petition Filing (April-October)
If selected, file Form I-129
- 4.
Start Work (October 1)
H1B status begins
- 1.
Recruitment (2-6 months)
Employer must test labor market
- 2.
PERM Filing (30 days)
Submit application to DOL
- 3.
PERM Approval (6-12 months)
Labor certification decision
- 4.
I-140 Filing (4-6 months)
Immigrant petition
- 5.
I-485/Consular Processing (varies)
Final step to green card
Most foreign workers follow this pathway:
- Start working on H1B visa (temporary)
- After 1-2 years, employer begins PERM process
- Continue working on H1B while PERM is pending
- Once PERM is approved, file I-140 (still on H1B)
- Wait for green card availability (priority date)
- File I-485 or go through consular processing
- Receive green card (permanent residence)
Explore Real Data
See which companies sponsor H1B and PERM, compare salaries, and analyze trends