Comparison: H-1B Visa vs. Employment-Based Green Card

Objective

This is an informational summary comparing the H-1B visa and employment-based green card processes for individuals seeking employment in the United States.

Key Differences

H-1B Visa

• Specialty Occupation: Only available for specific, advanced occupations (e.g. software developers, doctors, lawyers, accountants).
• Degree Requirement: Must have a specific degree in a field; cannot be used for roles like restaurant workers, truck drivers, etc.
• Lottery System: Subject to an annual cap, resulting in a lottery system due to high demand.
• Employer Obligations: Employers must pay all filing, legal, and associated fees.
• Duration: Issued for 3 years, renewable for another 3 years (max 6 years total).
• Nonimmigrant Status: Not a pathway to permanent residency or citizenship.
• Transition: Often utilized by people already in the U.S. (like students on OPT) who have proven themselves to employers.

Employment-Based Green Card

• Types: Various categories (EB-2, EB-3, etc.).
  • EB-3: Includes roles not requiring an advanced degree.
  • EB-2: For advanced degrees or national interest roles.
• Department of Labor (DOL) Process:
  • Employer files a PERM application.
  • Prevailing wage determination and good faith recruitment required to prove no qualified Americans are available.
  • Time-consuming with many regulatory steps (e.g. newspaper ads, documentation).
• Employer Concerns: Disliked due to costs, government-set salaries, paperwork, and potential for sponsored employees to leave after receiving green card.
• Long-term Residency: Grants permanent residency (can stay indefinitely if status is maintained), provides path to citizenship.
• Flexibility: Broader eligibility, including non-specialized occupations.

Pros and Cons

H-1B

• Pros:
  • Faster to obtain compared to a green card.
  • Simpler for specialty occupations.
• Cons:
  • Lottery-based and capped, less predictable.
  • Only temporary; max 6 years.
  • Only for specialty jobs.

Employment-Based Green Card

• Pros:
  • Permanent residency; path to citizenship.
  • Applicable to more job types (including non-specialty).
  • Greater flexibility for employers and employees.
• Cons:
  • Expensive and burdensome process for employers.
  • Complex regulations and long processing times.

Employer Considerations

• Sponsorship for either status is costly and tedious.
• Risk of employee departure post-sponsorship.
• Most common for students transitioning from student visas (e.g., via OPT) to H-1B, then potentially to green card.

Resources Mentioned

• Finding H-1B Employers: myvisajobs.com
• Contact: Phone — 3149618200; Email — info@hackingimmigrationlaw.com
• Additional Support:
  • Immigration Answer Show (live Q&A sessions)
  • YouTube Channel
  • Immigrant Home Facebook Group

Summary Table

| Feature | H-1B Visa | Employment-Based Green Card | |-|--|| | Eligibility | Specialty Occupations only | Many employment categories | | Process Time | Usually faster, but lottery | Slower and more bureaucratic | | Employer Cost | High | Even higher | | Validity | Max 6 years | Permanent | | Path to Citizenship | No | Yes | | Common Issues | Lottery, cap, not permanent | Cost, paperwork, lengthy process |

Advice: Both options are challenging, cost-intensive, and typically initiated for employees already working or studying in the U.S. via temporary statuses. Employers often sponsor H-1B first due to a quicker process, followed by the green card application if a long-term relationship is desired.