EB-1A
VS
H-1B1
Type
Green card
Nonimmigrant visa
Description
Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics
Free Trade Agreement Professionals
Profiles that typically qualify
Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
Requirements
Demonstrate sustained extraordinary achievement in your field with at least 3 of 10 types of required evidence, such as receiving prestigious awards, being featured in media or professional publications, earning a high remuneration relative to your peers, or holding a critical or relevant role in a distinguished organization or project.
Continue working in your area of extraordinary ability in the U.S.
You must be a citizen of Chile or Singapore.
You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).
The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.
The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.
Pros
Provides complete flexibility to work, live, and study in the U.S.
Does not require employer sponsorship, offering significant independence.
No labor certification is required, simplifying the application process.
Offers the fastest pathway to a green card among EB categories.
Direct path to citizenship after 5 years.
Easy renewal process with the option to extend stay.
Far less competitive than the H-1B visa, as it does not require an annual lottery.
Cons
High standard to demonstrate extraordinary ability.
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
Sponsorship
Not required
Required
Validity period
Permanent
18 months1
Renewable
Every 10 years
Indefinitely
Without premium processing
10-24 months1
1-4 months
With premium processing
15 business days2
No
Can spouse work
Yes
No
Disclaimers
1Applicants from India, China, or Mexico may experience longer wait times.
2Available only for the first stage of the process, while the second stage typically takes an additional 9-18 months.
1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.
Type
EB-1A
Green card
H-1B1
Nonimmigrant visa
Description
EB-1A
Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics
H-1B1
Free Trade Agreement Professionals
Profiles that typically qualify
EB-1A
Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists
H-1B1
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
Requirements
EB-1A
Demonstrate sustained extraordinary achievement in your field with at least 3 of 10 types of required evidence, such as receiving prestigious awards, being featured in media or professional publications, earning a high remuneration relative to your peers, or holding a critical or relevant role in a distinguished organization or project.
Continue working in your area of extraordinary ability in the U.S.
H-1B1
You must be a citizen of Chile or Singapore.
You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).
The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.
The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.
Pros
EB-1A
Provides complete flexibility to work, live, and study in the U.S.
Does not require employer sponsorship, offering significant independence.
No labor certification is required, simplifying the application process.
Offers the fastest pathway to a green card among EB categories.
Direct path to citizenship after 5 years.
H-1B1
Easy renewal process with the option to extend stay.
Far less competitive than the H-1B visa, as it does not require an annual lottery.
Cons
EB-1A
High standard to demonstrate extraordinary ability.
H-1B1
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
Sponsorship
EB-1A
Not required
H-1B1
Required
Validity period
EB-1A
Permanent
H-1B1
18 months1
Renewable
EB-1A
Every 10 years
H-1B1
Indefinitely
Without premium processing
EB-1A
10-24 months1
H-1B1
1-4 months
With premium processing
EB-1A
15 business days2
H-1B1
No
Can spouse work
EB-1A
Yes
H-1B1
No
Disclaimers
EB-1A
1Applicants from India, China, or Mexico may experience longer wait times.
2Available only for the first stage of the process, while the second stage typically takes an additional 9-18 months.
H-1B1
1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.