How can I convince my employer to proceed with PERM now instead of waiting for an H-1B approval first?

Green Card
1

This is my friend’s case, and I have shared all what I experienced, but she still wants to know what everyone think lol

Here’s what she shared with me:

I’m currently on OPT, and my employer is very supportive of sponsoring a green card. However, the internal legal team initially thought that H-1B was a prerequisite. I explained to them that F1 holders can actually go through the PERM + green card process directly.

The company also consulted an external legal team, and their advice was to secure H-1B first before starting the process, citing that the I-140 might face stricter scrutiny. However, I’ve seen multiple forum discussions where people on OPT successfully went through the I-140 process without issues.

The company has no problem supporting H-1B, but the lottery is highly unpredictable—there’s a real chance I might not get selected even after five years. If we start the PERM process now, I could already have my combo card in five years.

So, how can I convince my employer to proceed with PERM now instead of waiting for an H-1B approval first? Anyone with similar experiences, please share your advice!

2

You can let them know your value or recommend your lawyer for your company. Many HRs and lawyers they don’t really know what is the process and just want to be safe!

3

Thank you for posting! My employer would’t start the process until 2 years mark…

4

I believe that’s quite common for companies that sponsor international employees, especially for those from India or China, since the green card process can take significantly longer. Unless you have H-1B status to help cover the wait time, it can be challenging. You might consider mentioning your long-term plans for staying in the U.S. — whether that’s through Day 1 CPT, a potential marriage to a U.S. citizen, or working toward an O-1 visa.

5

It never hurt to ask and I think many companies are filing PERM from day 1