H-1B1 to Green Card: 5 Paths for Chileans

H-1B1 to green card carries a constraint the standard H-1B route does not. H-1B1 requires nonimmigrant intent for the entire period you hold it, which means an immigrant petition on file with USCIS can count against your next renewal.

Five paths are realistic for Chilean nationals: switching to H-1B and having an employer sponsor the green card, self-petitioning an EB-2 National Interest Waiver, self-petitioning an EB-1A, filing through a family relationship, and the EB-5 investor route.

Timelines run from roughly eight months to four years or more, and all five meet the same intent rule, so choosing when to file matters as much as choosing the category.

1. Switch to H-1B, then employer-sponsored green card

The most common way to transition from an H-1B1 to green card is through the H-1B. Different from the H-1B1, H-1B permits dual intent, which resolves the renewal conflict rather than working around it. Your current employer or a new one registers you for the H-1B cap lottery, and a selected registration leads to a petition with a start date of October 1.

Registration costs $215 for each beneficiary and takes place during a two-week window in March. Selection is no longer random. The H-1B lottery weights the lottery by prevailing wage level, assigning four entries to a Level 4 offer and one entry to a Level 1 offer.

Cap-exempt employers, which include universities, affiliated nonprofit organizations, and government research bodies, file year-round and aren't subject to the lottery at all. For anyone who has already missed a registration window, this is the shortest route to H-1B status.

Migrate Mate lists only employers with a verified history of sponsoring work visas, drawn from government disclosure data, and listings can be filtered by visa type. Beginning your search within that pool means each employer you approach has completed a sponsorship process before.

2. EB-2 NIW self-petition

The EB-2 National Interest Waiver removes both the employer sponsor and the PERM stage. You file the petition on your own behalf, and the labor market test doesn't apply.

Eligibility rests on a three-prong test. The proposed endeavor must have national importance, you must be well positioned to advance it, and waiving the job offer requirement must on balance benefit the United States.

Filing costs $715 for the I-140 plus $300 for the Asylum Program Fee at the self-petitioner rate.

NIW isn't reserved for Nobel laureates. Approvals regularly go to STEM PhDs with a publication record, founders addressing a gap in a national-priority industry, and physicians working in shortage specialties.

The renewal conflict doesn't resolve itself simply because you filed the petition yourself. Most immigration attorneys advise moving to H-1B before the I-140 is submitted, and that guidance applies to self-petitioners exactly as it does to sponsored applicants.

3. EB-1A extraordinary ability self-petition

EB-1A requires evidence satisfying 3 of 10 regulatory criteria, or a single major internationally recognized award such as a Nobel Prize, an Academy Award, or an Olympic medal.

The ten criteria cover awards, published material about you, judging the work of others, original contributions of significance, scholarly articles, exhibitions, leading or critical roles, high salary, commercial success, and membership in associations requiring outstanding achievement.

Fees match EB-2 NIW at $715 for the I-140 plus $300 for the Asylum Program Fee.

EB-1A can conclude faster than NIW when approved, because EB-1 is current for Chile on the current Visa Bulletin. Assess your record against the ten criteria before arranging an attorney consultation, and file only once you hold H-1B status.

4. Family-based green card

Marriage to a U.S. citizen places you in the immediate relative category, which carries no annual numerical cap and therefore no wait for a visa number. Marriage to a lawful permanent resident places you in F2A, which is subject to per-country limits and a cutoff date that moves month to month.

The I-130 petition costs $675 filed on paper and $625 filed online.

Family-based filing carries the same renewal exposure as employment-based filing. The petition remains evidence of immigrant intent, and a consular officer will treat it accordingly.

If you qualify as an immediate relative, coordinate the filing date with your H-1B1 renewal window rather than with your wedding date. Filing during a period when you also need to travel or renew creates a conflict that careful timing avoids entirely.

5. EB-5 investor green card

EB-5 requires an investment of $800,000 in a targeted employment area, meaning a rural or high-unemployment zone, or $1,050,000 in any other location. The investment must create 10 full-time positions for qualifying U.S. workers.

The filing sequence runs I-526E, then a two-year conditional green card, then I-829 to remove the conditions.

If you're capital-eligible, work with an EB-5 attorney and a designated regional center.

Find verified H-1B jobs on Migrate Mate

Of the five paths, the H-1B1 to H-1B switch is both the most common and the one that makes the other four easier. Dual intent removes the renewal conflict, and once H-1B is in place the green card filing becomes a question of processing time rather than a question of status.

That switch begins with an employer willing to sponsor, and the cap registration window runs for only two weeks in March. The search needs to be underway well before it opens.

Migrate Mate lists more than 500,000 verified U.S. jobs, drawn only from employers with a verified history of sponsoring work visas and filterable by visa type. Starting there means every employer on your shortlist has completed a sponsorship process before.

Frequently asked questions