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A Green Card and an H-1B visa are both important aspects of U.S. immigration, but they serve different purposes and offer distinct benefits.
H-1B Visa
For many years, foreign citizens wishing to immigrate to the United States for a brief period of time have turned to the H1B visa program. H1B meaning: It is a non-immigrant visa that allows U.S. companies to employ graduate-level workers in specialty occupations. Although a US H-1B visa is not an immigrant visa, meaning it does not directly offer a path to US citizenship, there are many limitations. The biggest limitation is that individuals must obtain employer sponsorship or find a company willing to sponsor them to enter the pool for H1B visas each year. This is difficult, as US employers prefer to hire US individuals to avoid sponsor paperwork, and employers are also required to show why hiring a foreign person is necessary for their organization over hiring a US person for the same position. In essence, the H1B visa means a temporary opportunity to work in the US with very specific conditions and competitive entry.
Since so many foreign individuals have been picked up over the years, especially by large tech companies, the pool for the H1B visa has become oversaturated, creating an H1B lottery draw rather than a guaranteed visa attached to a job offer. This means that even individuals who have a willing employer sponsor are not guaranteed an H1B visa in any given year. Due to the high level of applicants, foreign individuals must ensure they are in the pool by April 1st each year to even have a chance to be selected from the draw. If the applicant isn’t chosen in that year, they will not be able to work and will have to reapply the following year.
In 2023, we saw the greatest layoffs of tech employees in the United States. It is estimated that almost 240,000 workers have lost their jobs due to a tech bubble burst. This means that those who are on H1B visas and lose their jobs have limited time to find a new job or must leave the country, even those who have been working in the US for years and have built a life. Those with H1B visas also find that because their visa status is tied to an employer, they often take or stay in positions with less pay and fewer prospects of upward movement to preserve their ability to stay in the US.
Eligibility Criteria
For the H-1B, an applicant must meet the following criteria:
- US Bachelor’s degree or higher in the related specialty or its equivalent from an accredited college or university;
- Foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university; or
- Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.
The applicant must have a position offered by an employer where a specialty occupation, skills, or expertise is required for that position.
The Green Card
US Green card holders do not and will not face the same issues as H1B visa holders. Those with green cards don’t have a residency tied to employment, meaning, even in the case of job loss, they can stay in the US, look for a job with any company, and not be tied to one employer who is sponsoring them.
Finally, the path to a green card and then permanent citizenship and residency through the H-1B visa route is long and arduous which means again, that foreign individuals are tied to their sponsors for years until they can achieve permanent residency status.
Because of these issues, more and more H1B visa holders are applying for green cards through the US EB-5 Immigrant Investor Program. In addition, due to new legislation, these visa holders may stay in the United States while their EB-5 petition is being processed and obtain an employment authorization document within just a few months. This document frees the H1B visa holder from their employer sponsor and allows them to gain employment anywhere in the US, for any company, including starting their own business legally. This new process is called Adjustment of Status concurrent filing and was only introduced in March 2022, spurring greater interest from H1B visa holders already in the United States.
H-1B Visa to Green Card: Understanding the Transition Process
The H1-B visa to Green Card process can be relatively short or lengthy depending on the nationality of the applicant. Once an H1-B visa holder has held the visa for 5 years, they may be eligible to apply for a green card. This can be done through commonly a PERM application, but can also be done through the EB-2 or EB-3 categories.
Usually, the applicant’s employer will submit this application on behalf of the H1-B visa holder. The varying length of time for processing will depend on the nationality of the applicant, the expertise of the applicant, and any applicable backlogs at the time the application is submitted. The usual timelines may take 1-5 years to achieve the green card. However, for some nationalities which are backlogged, processing times can reach more than 10 years.
U.S. Tightens Visa Renewal Policies, Impacting H-1B Holders
The U.S. administration has recently made changes to the H1-B regulations making it all the more difficult for individuals to obtain H1-B visas.
These changes include:
- Changing the definition of certain skills and expertise
- Confirming whether job offers are genuine
- stricter workplace and site inspections
- Proving maintenance of status for renewals
In addition, the government has stated that those children born to temporary visa holders, including H1-B visas, will no longer be eligible for US citizenship, even if born within the United States.
H-1B Visa vs. Green Card: Which One Suits You Best?
The H1-B visa is a hybrid visa or dual intent visa. The H1-B itself is temporary however, it is a path to a green card and permanent residency in the United States.
There are many difficulties that come along with the H1-B including limitations on changing jobs or upward growth and mobility within a company. Many H1-B visa holders have complaints of feeling trapped in their jobs with limited growth as the H1-B visa status is attached to the sponsoring employer.
In addition, actually obtaining an H1-B visa has become more difficult and is now a lottery system. In 2024, hundreds of thousands of applicants submitted H1-B visa applications for only 85,000 spots. This means, that even if an employer is willing to sponsor an applicant, there is no guarantee that the H1-B visa can actually be obtained.
Finally, although the H1-B visa is a route to permanent residency, some nationalities may face backlogs making this path lengthy and uncertain. Some nationalities may face over a 10 year wait time to obtain the green card and must stay on the H1-B visa throughout this time.
Immigration Consultancy in Dubai
Step Global, an immigration consultancy based in Dubai, specializes in citizenship and residency by investment programs. They can assist you with your applications for the Portugal Golden Visa, the US EB-5 Immigrant Investor Program, the Canada Start-Up Visa, the Caribbean Citizenship Program, and the UAE Golden Visa.
FAQs
The benefits of obtaining a Green Card over an H1-B visa are as follows:
The H1-B Work Visa provides temporary residency in the U.S. The H1-B visa is tied to the job and requires employer sponsorship. Dependents, such as children of H1-B visa holders, can enjoy residency status in the U.S. only until the age of 21. After that, such dependents need to secure their own residency status under a different immigration category to continue staying in the U.S. Additionally, even with a favorable job offer from an employer, obtaining an H1-B visa can often be challenging, as it operates on a lottery system. Only a fraction of applicants is selected from the pool of those who apply for the H1-B visa, making the process highly uncertain. In other words, due to this oversaturated lottery system, even with sponsorship, there is no guarantee of obtaining an H1-B visa. The H1-B Visa also makes career growth more complicated, as for every new vertical job title they must re-apply for the H1-B Visa, being put back into the saturated lottery system and facing an uncertain outcome once more.
Because the H1-B visa requires employer sponsorship, flexibility in changing jobs is very limited, which restricts career growth. In the event of a layoff, an H1-B holder has 60 days to find a new job; otherwise, they must return to their home country.
H1-B visa holders have the option to apply for a Green Card/permanent residency. However, this route often involves inordinately long waiting periods—sometimes exceeding 10 to 15 years, especially for certain nationalities like Indians.
Obtaining a direct Green Card through popular investment immigration programs, such as the U.S. EB-5 Immigrant Investor Visa Program, is always a favorable option. There are numerous benefits associated with securing a Green Card through such programs. A Green Card grants permanent residency status, allowing an individual to live and work in the U.S. indefinitely, with the option to renew it every 10 years. Permanent residency can be secured in a short time span of just a few months through the U.S. EB-5 Immigrant Investor Visa Program. U.S. EB-5 Program also provides immediate access to the U.S. without the need to demonstrate ties to any employer or sponsor. Green Card holders can freely pursue any job, business, freelance work, study, or even retirement while enjoying all the benefits of residency in the U.S., without the requirement of employer sponsorship. Additionally, dependents also receive direct Green Card/permanent residency.
The H1-B Work Visa provides temporary residency in the U.S. The H1-B visa is tied to the job and requires employer sponsorship. Dependents, such as children of H1-B visa holders, can enjoy residency status in the U.S. only until the age of 21. After that, such dependents need to secure their own residency status under a different immigration category to continue staying in the U.S. Additionally, even with a favorable job offer from an employer, obtaining an H1-B visa can often be challenging, as it operates on a lottery system. Only a fraction of applicants is selected from the pool of those who apply for the H1-B visa, making the process highly uncertain. In other words, due to this oversaturated lottery system, even with sponsorship, there is no guarantee of obtaining an H1-B visa.
Because the H1-B visa requires employer sponsorship, flexibility in changing jobs is very limited, which restricts career growth. In the event of a layoff, an H1-B holder has 60 days to find a new job; otherwise, they must return to their home country.
H1-B visa holders have the option to apply for a Green Card/Permanent Residency. However, this route often involves inordinately long waiting periods—sometimes exceeding 10 to 15 years, especially for certain nationalities like Indians.
Obtaining a direct Green Card through popular investment immigration programs, such as the U.S. EB-5 Immigrant Investor Visa Program, is always a favorable option. There are numerous benefits associated with securing a Green Card through such programs. A Green Card grants permanent residency status, allowing an individual to live and work in the U.S. indefinitely, with the option to renew it every 10 years. Permanent residency can be secured in a short time span of just a few months through the U.S. EB-5 Immigrant Investor Visa Program. U.S. EB-5 Program could also provide immediate access to the U.S. without the need to demonstrate ties to any employer or sponsor. Green Card holders can freely pursue any job, business, freelance work, study, or even retirement while enjoying all the benefits of residency in the U.S., without the requirement of employer sponsorship. Additionally, dependents also receive direct Green Card/Permanent Residency.
Once an individual holds an H1-B visa, he or she becomes eligible to apply for Form I-140 through employer sponsorship, an immigrant petition for an alien worker, as the H1-B is considered a dual-intent visa. This allows the H1-B visa holder to apply for a Green Card/Permanent Residency. However, this route often involves inordinately long waiting periods—sometimes exceeding 10 to 15 years, especially for certain nationalities like Indians. The filing date of Form I-140 establishes the Priority Date, which determines whether an applicant is eligible to obtain a Green Card/Permanent Residency and other relevant adjustment of status benefits such as Employment Authorization, etc. Only if there is no backlog and the Priority Date is current, can an applicant who is present in the U.S. file the I-485 application to adjust status. While waiting for the Green Card, the applicant can simultaneously apply for an Employment Authorization Document (EAD) and a travel document called Advance Parole. This allows the applicant to live and work legally in the U.S. during the pending Green Card process. The EAD will permit the holder to work for any employer in the U.S. without sponsorship, and the Advance Parole will allow the holder to travel outside the U.S. and re-enter.
To avoid any backlogs in applying for a Green Card through the H1-B visa category, an applicant can consider applying for a Green Card through the U.S. EB-5 Immigrant Investor Visa Program, where there is currently no backlog. This means the Green Card could be obtained in a few months, and even the employment authorization could be obtained immediately while waiting for the Green Card issuance.
U.S. EB-5 Immigrant Investor Visa Program is becoming quite popular amongst international students wishing to acquire quick Green Card or Permanent Residency. The primary reason for the recent favouritism amongst the students for this immigration program is the latest favourable changes made to the U.S. EB-5 Immigrant Investor Visa Program under the Reforms and Integrity Act of 2022. With the guidance of qualified immigration consultants and lawyers, students can opt for the U.S. EB-5 Immigrant Investor Visa Program to obtain direct Green Card in the U.S. and easily overcome the impending hurdles and restrictions pertinent to residency and working rights in the U.S.
Due to uncertainty and challenges looming on the general study and work category visas such as F1 and H1-B, it is extremely difficult for the students to continue staying in the U.S. post completion of their education in the U.S. and find a suitable job which could compliment their specialised qualification. Even after completing their education from the premium institutions of the U.S., it is enormously difficult for them to obtain a suitable immigration status which could further offer them residency and working rights in the U.S. Popular work visas such as H1-B are lottery based and highly competitive streams, as the number of applicants far exceeds the number of visa allocation. This apparent over saturation of the system makes it challenging and uncertain for the applicants to obtain H1-B visas. In such cases the latest amendments made in the U.S. EB-5 program allow the EB-5 applicants already present in the U.S. to benefit from a new process called Adjustment of Status (AOS) concurrent filing. Under this new process, once the EB-5 application is filed with USCIS, depending on the circumstances of such applicants, we can concurrently file for other applications as well such as AOS, Employment Authorization, and Travel Document. This provides the applicants of the U.S. EB-5 Immigrant Investor Program with immediate working and residency rights to work and stay in the U.S. without any restrictions. This means that the applicants don’t have to wait for the approval of the initial EB-5 application to start enjoying working and residency rights in the U.S., in fact, they can enjoy the option of staying and working in the U.S, even while waiting for the Green Card to be issued under the U.S. EB-5 Immigrant Investor Visa Program.
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