H1B Vs. EB1A: Bypassing the H1B Lottery and Obtaining Permanent Residency Faster
If you are a foreign national looking to work in the US, you will need a work visa. However, many people often mix up immigrant and non-immigrant visas (commonly known as green cards).
In this blog, we will dive into the differences between the H1B Vs. EB1A visas, explaining the eligibility requirements, application processes, and benefits. We aim to help you navigate the immigration process smoothly in the US. Let’s begin,
Type of Visa: H1B Vs. EB1A
H1B visa
An H1B visa is a non-immigrant visa, that allows foreign nationals to work in specialty occupations in the US for a specific period.
A specialty occupation is a job position that requires specialized skills or knowledge in a specific field such as engineering, architecture, finance, education, etc.
EB1A Green Card
The EB1A Green Card falls under the employment-based first preference green card category, granting immigrants an indefinite stay and the right to work in the US. Its primary benefit lies in the ability to self-petition for your EB1A application to the USCIS without requiring employer sponsorship, labor certification, or advanced degrees.
EB1A is intended for individuals with extraordinary abilities in diverse fields such as science, education, arts, sports, and business.
Visa Eligibility Requirements
Let’s dive into the eligibility requirements for H1B visa and EB1A Green Card,
H1B visa
The main requirements to be eligible for an H1B visa are:
1. You should have a Job offer requiring specialized knowledge from a US employer
2. You should have a bachelor’s degree or equivalent work experience in the field
3. Your employer must demonstrate the lack of availability of US workers for that particular role.
EB1A Green Card
To qualify for an EB1A green card, you need to meet a minimum of three out of the 10 EB1A criteria set by USCIS. Subsequently, your evidence as a whole must demonstrate that you have received sustained national or international acclaim and have risen to the top of your field.
Duration of Stay: H1B visa Vs. Green card
Comparing the duration of stay for H1B vs EB1A visas.
H1B visa
The H1B visa initially lasts for three years and can be extended to six years. Beyond six years, you can apply for an H1B extension under certain circumstances, such as when your I-140 application is pending or has been approved.
EB1A Green Card
The EB1A Green Card provides a direct route to permanent residency, enabling you to stay and work in the US indefinitely. While the EB1A green card does not require an extension, it should be renewed every 10 years.
Application Process
Explaining the process involved in obtaining a US visa: H1B vs. EB1A.
H1B Visa Process
1. H1B registration:
The initial step in the H1B process involves your employer registering for an H1B visa with the USCIS. Additionally, the registration period opens for a specific timeframe every fiscal year.
The H1B visa program has a numerical cap, allowing only 65,000 visas to be issued annually. Each year, the number of qualified applicants exceeds this limit, and selection for assessment is done randomly. As a result, there’s no guarantee of the selection of your application, as it’s purely based on luck.
2. Labor Condition Application (LCA):
Once you have selected in the H1b registration process, your employer must file LCA with the Department of Labor(DOL) to obtain labor certification to ensure that your employer complies with labor requirements set by the DOL.
After obtaining labor certification for you, then the employer should submit I-129, Petition for non-immigrant worker along with labor certification and the required evidence documentation to the USCIS.
3. H1B petition Outcome:
If your H1B petition is approved and you are currently in the United States, you need to wait until your H1B status is active to work in the US under an H1B visa. Conversely, if you are outside of the US, you usually need to complete Form DS-160 and undergo an interview at a US embassy or consulate to obtain the H1B visa stamp in your passport. Upon approval, you can then work in the US under the terms of your H1B visa.
EB1A Green Card Process
To acquire your EB1A green card, you will need to follow two main steps:
1. I-140 Application: Start by submitting an I-140 EB1A application along with evidence documentation to the USCIS.
2. Form I-485, Adjustment of Status: After your I-140 is approved and your priority date becomes available, file an I-485 with USCIS. Once approved, you will receive your green card.
It’s crucial to note that your I-140 application is approved only if you meet the
Inclusion of Family: EB1 vs. H1B
H1B visa
As an H1B visa holder, your spouse and unmarried children under the age of 21 are eligible to get the H4 visa status to stay in the US. Moreover, your spouse can obtain an EAD to work in the US, meeting certain requirements.
EB1A Green Card
If your EB1A I140 is approved, your spouse and unmarried children under the age of 21 become eligible to receive the green card. Once your spouse has the Green Card, or if your spouse obtains an Employment Authorization Document (EAD) while in the green card process, they can work in the US.
Conclusion
H1B allows you to work in the US temporarily, while EB1A permits you to work in the US permanently. The H1B visa requires sponsorship from a US employer, whereas the EB1A visa allows you to self-petition. Self-petitioning means you can apply for your EB1A application directly to USCIS by yourself
Moreover, the EB1A green card typically has shorter waiting times compared to EB2 and EB3 green cards for Indian nationals. EB1A final action dates progress more rapidly in visa bulletins than those of EB2 and EB3 green cards.
I hope this blog outlines the difference between H1B Vs. EB1A assists you in choosing the US visa option that best fits your needs
If you need assistance and support in crafting an EB1A profile, consider exploring
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