EB1 Green Card is better than the H1B visa for you in 2024

Published by Mei in Work Visas | Updated 2024

The recent tech layoffs have upended many H1B visa holders. Many have partners and children in the USA. These tech workers are usually highly educated with specialist skills. These skilled workers are usually paid far more in the USA than their home countries. The US losing these workers lose far more than the tax they pay on their earnings – the US suffers a brain drain.

These workers and their families wishing to continue working in the USA are looking to adjust to the O1 visa or the EB1 green card.

Q. Can an H1B holder file for an EB1 Green Card?
A. Yes, H1B holders can file for an EB1 green card if they meet the eligibility criteria.

Q. What are the eligibility criteria for an H1B holder to file for an EB1 green card? A. H1B holders must qualify for one of the three categories: extraordinary ability (EB1), outstanding professor or researcher, or multinational manager or executive. We investigate the EB1 green card below. Click here to read our H1B to O1 visa breakdown.

Q. Can an H1B holder file for an EB1 green card without a job offer from a US employer?
A. Yes, an H1B holder must have a job offer to get a HIB visa, however, a US employer is not necessary to apply for the EB1 green card.

H1B holders can file for an EB1 green card if they meet the eligibility criteria. The requirements for the EB1 green card are high, and applicants must provide evidence of international recognition in their field of work. If you are an H1B holder interested in filing for an EB1 green card, it is best to understand the EB1 requirements and the application process and help you prepare a strong application.

Reasons why many H1B visa holders should transition to an EB1 green card

Manny, Mei and I each have EB1 visas – we are specialists in our fields – we just needed to prove that we were in the top 1% of our field. We show you how we achieved that in our articles on this site. When we first investigated moving to the USA we were surprised when we were advised by most attorneys that the H1B was our only option. I am in the sciences – I was told I should work for another company on a H1B and wait until I was established here to set up my own company. I knew I was setting up my company to launch my app and in my 5 year plan I had a build in exit strategy which included selling my company. I personally was also advised to apply for the EB-5. I reckoned if I was sponsored by own company and then sold it I could potentially lose my green card status. Going for the EB1 was the only way I saw I could be in the US and do the work I needed to get done without fear that an employer or company sale would jeopardize my being in the USA. What I found was attorneys that I had consultations with rarely recommended the EB-1. I discovered I was not alone. Not many firms have filed these visas so I had to research myself. Manny and Mei had similar experiences. We built this site to spare you the trouble we had.

Steps for Transitioning from H1B to EB1

• The process for applying for an EB1 green card, including the required documentation and evidence
• Processing time of EB1 applications

EB1 green card and H1B visa – the differences between the two

The H1B visa is a non-immigrant visa that allows foreign workers to work in the United States. On the other hand, an EB1 green card is an immigrant visa that grants permanent residency to foreign workers. H1B visa holders who wish to live and work permanently in the United States often wonder if they can file for an EB1 green card. In this article, we will explore the requirements and eligibility criteria for H1B holders to file for an EB1 green card.

Background on EB1 Green Card:

• The criteria for EB1 green card eligibility, including being an extraordinary ability professional, outstanding professor or researcher, or a multinational executive or manager
• The benefits of an EB1 green card – the ability to live and work permanently in the United States, the ability to travel freely in and out of the country, green card may also be awarded to your family and permitted to apply for citizenship after 5 years

Background on H1B Visa:

• The criteria for H1B visa eligibility, including having a job offer from a US employer in a specialty occupation, and holding a bachelor’s degree or equivalent in the field
• The limitations of an H1B visa – the expiration date and the need for annual renewals

Why many H1B visa holders are transitioning to an EB1 green card

Many H1B visa holders may wish to transition to an EB1 green card because it is a “first preference” category in the employment-based green card system, meaning that it has the shortest wait times and the highest likelihood of approval. The EB1 green card does not have an annual cap on the number of visas issued, unlike the H1B visa. The EB1 green card holder does not have to be tied to a specific employer and can change jobs at will, unlike an H1B holder, who is tied to a specific employer and must go through a process to change jobs.

On the H1B visa you are beholden to your employer and as we have seen in the recent tech layoffs many H1B workers are required to leave their lives here in the US and return home. The EB1 Green Card offers security and more long-term benefits. Security – the H1B is a visa sponsored visa you can be your own visa sponsor. Other long-term benefits – On the H1B visa your spouse and children can be awarded the H-4 visa to work and study in the USA, on the EB1 visa they will also become green card holders this will allow you and your family apply for citizenship in 5 years. Having citizenship allows you sponsor other family members for their green card.

Perhaps you are a H1B visa holder that recently lost their job and cannot find another employer within the 60 day grace period, the O1 visa and the EB1 green cards are certainly great alternatives and may be achievable for you. Canadians, might consider changing their status to the TN, Australians, the E-3, if you need more time perhaps the B visa might be worthwhile applying for. Many H1B visa holders apply for the F-1 – we don’t believe that is wise as to get an O or EB1 later on it is required that you are at the top of your field, a student visa could damage that argument.

More on the EB1 vs H1B Visa

The EB1 green card and H1B visa both allow foreign nationals to live and work in the United States – these are their key differences.

The EB1 green card is a permanent residency while an H1B visa is a temporary visa, EB1 green card holders can apply for U.S. citizenship after five years of permanent residency while H1B visa holders cannot apply for U.S. citizenship unless they first obtain a green card. The EB1 green card does not require a job offer or labor certification, while H1B visa requires a job offer from a U.S. employer and a bachelor’s degree or equivalent in the field of the intended employment.

The EB1 green card is an employment-based permanent residency for individuals who possess extraordinary abilities in the arts, sciences, education, business, or athletics, outstanding professors or researchers, or multinational executives and managers. Unlike the H1B the EB1 green card does not require a job offer or require a Labor Condition Application (LCA) but you are required to live and work permanently in the United States. EB1 green card holders can qualify for U.S. citizenship after five years of permanent residency. If you don’t wish to apply for citizenship then the EB1 is valid for 10 years and can be easily renewed.

Costs

It can be more expensive to apply for the H1B visa compared to the EB1 visa. The total cost of an H1B visa application can range from $1,620 to $3,690, including the government filing fees and any additional fees for obtaining a labor condition application and a prevailing wage determination. The total cost of an EB1 visa application can range from $700 to $2,440, including the government filing fee and any additional fees for obtaining necessary documents or certifications.

It’s important to note that these estimates are just rough estimates, and the actual cost may be higher or lower depending on the individual case and the specific requirements of each visa category. Additionally, the costs listed above do not include attorney fees, which can significantly increase the overall cost of the application process.

The criteria for H1B visa eligibility

The H1B visa is non-immigrant that allows foreign workers to temporarily work in the United States for a specific employer in a specialty occupation. The H1B visa does require a sponsor, the applicant must have a job offer from a U.S. employer and a bachelor’s degree or equivalent in the field of the intended employment. The H1B visa is granted by the USCIS for a maximum period of six years, and it can be renewed for an additional three years. H1B visa holders are not eligible to apply for U.S. citizenship – they would first need to obtain a green card.

Both the EB1 and H1B visas offer several benefits, including the ability to live and work in the United States, access to healthcare and other benefits, and the ability to bring family members to the U.S. However, the EB1 visa offers several additional benefits over the H1B visa, including the ability to self-petition, faster processing times, and the ability to apply for permanent residency without the need for an employer sponsor. There is also the option to apply for citizenship after 5 years.

The criteria for H1B visa eligibility, includes having a job offer from a US employer in a specialty occupation, and holding a bachelor’s degree or equivalent in your field.

To be eligible for an H1B visa you must meet the following criteria:

1. Work offer from a U.S. employer in a *specialty occupation.
2. The necessary qualifications and credentials, such as a bachelor’s degree or higher, in a field related to the specialty occupation.
3. The job offer must require the use of those qualifications and credentials.
4. Your U.S. employer must demonstrate that there is a shortage of qualified U.S. workers for the position, and that the hiring of you, the foreign worker will not negatively impact the wages and working conditions of other U.S. workers.
5. The U.S. employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor and obtain certification.
6. You must be able to pass security and background checks and must not be inadmissible to the United States under immigration laws.

*A specialty occupation is defined as one that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent as a minimum requirement for entry into the occupation.

H1B visa is annually capped at 85,000 new H1B visas each fiscal year, out of which 6,800 are set aside for Singapore and Chile under Free trade agreement.

H1B Limitations

An H1B visa has several limitations, including:

1. Annual cap: Only a certain number of H1B visas are available each year, which means that not all applicants will be successful. There is no cap on EB1 visa.
2. Tied to a specific employer: The H1B visa holder is tied to a specific employer and must have a valid job offer from that employer to remain in the United States. This means that if the individual loses their job or leaves their employer, they must either find another employer willing to sponsor them or leave the country as in the case of the recent tech lay-offs. With the EB1 visa a sponsor is not required and holders are permitted to work with anyone.
3. Dependent family members: Family members of H1B visa holders are not authorized to work in the United States and must obtain their own visa (H4 or other) if they wish to work. For EB-1 visas holders permanent residency is shared with all qualifying family members.
4. Limited duration: H1B visas are typically valid for a maximum of six years, after which the individual must either leave the United States or obtain a different type of visa. EB-1 status is easily renewed every 10 years with an option of applying for citizenship.
5. Renewal and extension process: H1B visa holders must go through a renewal and extension process, which can be time-consuming and the outcome is uncertain. EB-1 status is easily renewed every 10 years with an option of applying for citizenship.
6. H1B dependent employer: Employers who employ a significant number of H-1B workers must meet additional requirements and could face penalties for non-compliance. The EB1 visa allows you to work with anyone.
7. The Trump Administration brought in stricter regulations and increased the scrutiny of H1B visas, making it more difficult for applicants to get approved.
8. Prolonged processing time: With increased scrutiny, the processing times increased significantly, making it a more uncertain process for applicants. EB1 visa applications can be sped up using the USCIS Premium Processing service.

Chances of Approval

H1B visa holders are in the USA because they have already proved their worth as having specialty occupations such as specialty occupations, such as engineers, computer programmers, and scientists or having proven distinguished merit and ability, hold a bachelor’s degree or higher in a related field, or having an important role in the US Department of Defense. In order to be eligible for the EB1 visa, applicants must provide substantial evidence of their achievements, such as awards, publications, or recognition in their field. Plus must have a job offer from a U.S. employer. H1B visa holders are excellent potential applicants for the EB-1. Look at the EB1 qualifiers to see how you can shoehorn your career into them – you only need to fulfill 3 criteria. Tips and best practices for preparing a successful EB1 green card application have a read of this.

Read the process for applying for an EB1 green card, including the required documentation and evidence here.

Processing time of EB1 applications. H1B visa holders are permitted to concurrently file allowing them to apply for a temporary green card. Have a read of current processing times.

For tips and best practices for preparing a successful EB1 green card application start here.

Processing Times for EB1 and H1B Visas

In terms of processing times, the EB1 visa can to be faster than the H1B visa. The EB1 visa can be approved in 15 days using Premium Processing, processing can take longer, while the H1B visa typically takes several months to process. This is due to the large number of H1B visa applications received each year and the need for additional processing by the USCIS.

Conclusion

With the H1B you are allowing a lottery system and an employer to control your fate. As a H1B holder and having proved already that you are a specialist in your field the EB1 visa is more achievable than you think.

The choice between the EB1 and H1B visas will depend on your individual circumstances, including your eligibility criteria, processing times, benefits, cost, and future plans.

By carefully considering these factors, you can make the best decision for your individual situation and take the first step towards living and working in the United States.

Tips and best practices for preparing a successful EB1 green card application.

Transitioning from an H1B to the EB1 green card can be a complex process, but it is possible with the right preparation and guidance. Read our info here. Also you may want to consult with a few immigration attorneys or check out the online EB1 Green Card guides that are specific to your field if you wish to DIY your application.

Read more here on how you can apply.

FAQ

Can H-1B visa holder apply for the EB-1 green card?

Certainly. Yes. A H1B visa be converted to green card. Similar to the O1 visa the H1B is dual intent. This means you can file for the EB1 green card using the I-140 Form. Have a read of our full EB1 Application Process here.

How long does it take to convert the H1B to the EB1 green card?

You are permitted to go through the Adjustment of Status. This allows you a temporary green card to work and travel outside the USA until your underlying EB1 petition is approved. Have a read here for current processing times.

Is H-1B better than green card?

We decided to move away from the H-1B – as it is a lottery and our employer has the power at any time to cancel our contract we wanted more security in our lives here in the USA. There are freedoms in the O visa and the EB1. One important factor is taxes and inheritance and ties to your home country. The O might suit you better. Have a read of our information and decide.

All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.

If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!