EB-1A
VS
H-2B
Type
Green card
Nonimmigrant visa
Description
Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics
Temporary Non-Agricultural Workers
Profiles that typically qualify
Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
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.
Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.
Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2B workers will not negatively 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.
Does not focus on individual credentials, making it accessible to a wide range of applicants.
Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.
Flexible in meeting seasonal, peak load, and intermittent labor needs.
Cons
High standard to demonstrate extraordinary ability.
Subject to semi-annual quotas and a rigid lottery-based application process.
Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.
Spouses and dependents do not receive work authorization.
Sponsorship
Not required
Required
Validity period
Permanent
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
Every 10 years
Renewable up to 3 years
Without premium processing
10-24 months1
5-6 months
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.
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Type
EB-1A
Green card
H-2B
Nonimmigrant visa
Description
EB-1A
Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics
H-2B
Temporary Non-Agricultural Workers
Profiles that typically qualify
EB-1A
Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists
H-2B
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
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-2B
Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.
Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2B workers will not negatively 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-2B
Does not focus on individual credentials, making it accessible to a wide range of applicants.
Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.
Flexible in meeting seasonal, peak load, and intermittent labor needs.
Cons
EB-1A
High standard to demonstrate extraordinary ability.
H-2B
Subject to semi-annual quotas and a rigid lottery-based application process.
Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.
Spouses and dependents do not receive work authorization.
Sponsorship
EB-1A
Not required
H-2B
Required
Validity period
EB-1A
Permanent
H-2B
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
EB-1A
Every 10 years
H-2B
Renewable up to 3 years
Without premium processing
EB-1A
10-24 months1
H-2B
5-6 months
With premium processing
EB-1A
15 business days2
H-2B
15 business days
Can spouse work
EB-1A
Yes
H-2B
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-2B
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