The EB visa grants permanent U.S. residency, offering stability, work and study freedom, and eligibility for citizenship, benefiting individuals and their families.

EB Visas (Employment-Based Permanent Residency)

EB visas are designed for individuals seeking to immigrate to the United States based on employment. These visas are categorized into several types, each serving different employment-based immigration needs:

• EB-1: For priority workers, including those with extraordinary abilities in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational executives and managers. No labor certification is required, and individuals may self-petition.
• EB-2: For professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. This category includes a provision for a National Interest Waiver (NIW), allowing individuals to self-petition if they can demonstrate their work is in the national interest of the United States, bypassing the need for an employer sponsorship. Eligibility for NIW: To qualify, applicants must show that their proposed endeavor has substantial merit and national importance, they are well-positioned to advance the proposed endeavor, and that it would be beneficial to the United States to waive the job offer and labor certification requirements.
• EB-3: For skilled workers (requiring at least 2 years of training or experience), professionals (requiring a U.S. bachelor's degree or foreign equivalent), and other workers (for unskilled labor requiring less than 2 years of training or experience). Labor certification and a permanent, full-time job offer are required.
• EB-4: For special immigrants, including religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and others. Specific criteria apply to each subcategory.
• EB-5: For investors who invest $1.8 million (or $900,000 in a targeted employment area) in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers.

H1 Visas (Temporary Work Visas)

The H1 visa category includes:

• H1B: For workers in specialty occupations requiring a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and individuals involved in Department of Defense research and development projects.
• H1B1: A variant for citizens of Singapore and Chile, with similar requirements to the H1B but with a dedicated quota.
• H1B2: For individuals working on cooperative research and development projects or coproduction projects under a government-to-government agreement.
• H1B3: For fashion models of distinguished merit and ability.

Key Differences:

• Purpose: EB visas are aimed at obtaining permanent residency based on employment, whereas H1 visas are for temporary work in specialized fields.
• Permanent vs. Temporary: EB visas lead to a Green Card (permanent residency), while H1 visas offer temporary stay for a specific period.
• Application Process: EB visa applicants are sponsored by an employer for permanent jobs, contrasting with H1 visa applicants who are sponsored for temporary jobs. However, under the EB-2 NIW, individuals can self-petition without an employer sponsorship if their employment is deemed to benefit the U.S. significantly.

When to Apply:

• EB Visa: Ideal for those seeking permanent residency in the U.S. based on employment, intending to stay permanently. Individuals eligible for an NIW under the EB-2 category should consider self-petitioning when they have evidence that their work serves the national interest.
• H1 Visa: Suitable for individuals offered a temporary position in a specialty occupation in the U.S., without necessarily seeking permanent residency initially.

Choosing Between EB and H1 Visas:

• If seeking temporary employment in a specialized field without immediate plans for permanent residency, the H1 visa is appropriate.
• If the goal is to live and work permanently in the U.S., consider the EB visa categories based on qualifications and the type of work sought. The EB-2 NIW provides a valuable opportunity for those who qualify to self-petition.

+1.224.487.8472

Get Help Now