EB-1A
VS
H-2A
Type
Green card
Nonimmigrant visa
Description
Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics
Temporary Agricultural Workers
Profiles that typically qualify
Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists
Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers
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.
The employment must be of a temporary or seasonal nature.
Employers must prove there are no available U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2A workers will not adversely impact the wages and working conditions of similarly employed U.S. workers.
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.
Provides a legal pathway for foreign agricultural workers to work in the U.S.
Addresses critical labor shortages in the agricultural sector.
Allows for seasonal employment flexibility, matching crop harvest cycles.
Cons
High standard to demonstrate extraordinary ability.
Limited exclusively to agricultural work and subject to seasonal demands.
No pathway to permanent residency or long-term employment.
Spouses and dependents do not receive work authorization.
Employers must undergo a rigorous certification process.
Requires employer sponsorship and a specific job offer.
Sponsorship
Not required
Required
Validity period
Permanent
Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.
Renewable
Every 10 years
Twice in 1-year increments for a total of 3 years.
Without premium processing
10-24 months1
1-3 months1
With premium processing
15 business days2
15 business days
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.
1Varies based on processing center workload and employer need; fee applicability uncertain.
Type
EB-1A
Green card
H-2A
Nonimmigrant visa
Description
EB-1A
Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics
H-2A
Temporary Agricultural Workers
Profiles that typically qualify
EB-1A
Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists
H-2A
Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers
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-2A
The employment must be of a temporary or seasonal nature.
Employers must prove there are no available U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2A workers will not adversely impact the wages and working conditions of similarly employed U.S. workers.
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-2A
Provides a legal pathway for foreign agricultural workers to work in the U.S.
Addresses critical labor shortages in the agricultural sector.
Allows for seasonal employment flexibility, matching crop harvest cycles.
Cons
EB-1A
High standard to demonstrate extraordinary ability.
H-2A
Limited exclusively to agricultural work and subject to seasonal demands.
No pathway to permanent residency or long-term employment.
Spouses and dependents do not receive work authorization.
Employers must undergo a rigorous certification process.
Requires employer sponsorship and a specific job offer.
Sponsorship
EB-1A
Not required
H-2A
Required
Validity period
EB-1A
Permanent
H-2A
Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.
Renewable
EB-1A
Every 10 years
H-2A
Twice in 1-year increments for a total of 3 years.
Without premium processing
EB-1A
10-24 months1
H-2A
1-3 months1
With premium processing
EB-1A
15 business days2
H-2A
15 business days
Can spouse work
EB-1A
Yes
H-2A
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-2A
1Varies based on processing center workload and employer need; fee applicability uncertain.