EB-2
VS
H-1B1
Type
Green card
Nonimmigrant visa
Description
Advanced Degree or Exceptional Ability
Free Trade Agreement Professionals
Profiles that typically qualify
Physicians, Engineers, Business analysts, IT professionals, Scientists, Professors and teachers, Physical therapists, Lawyers, Pharmacists
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
Requirements
You must hold an advanced degree (master's or higher), possess a bachelor's degree plus five years of progressive work experience, or demonstrate exceptional ability in your field by showing at least 3 of 6 requirements, such as maintaining membership in professional associations and earning recognition for your contributions to your industry from peers or professional organizations.
A job offer and labor certification (PERM) are required, proving that no qualified U.S. workers are available for the position.
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.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that requires an advanced degree or aligns with the exceptional ability criteria.
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
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
Sponsorship
Required
Required
Validity period
Permanent residency
18 months1
Renewable
Every 10 years
Indefinitely
Without premium processing
Three stages, totaling about 36-48 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 for only one stage of the process, with minimal impact on the overall processing time.
1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.
Type
EB-2
Green card
H-1B1
Nonimmigrant visa
Description
EB-2
Advanced Degree or Exceptional Ability
H-1B1
Free Trade Agreement Professionals
Profiles that typically qualify
EB-2
Physicians, Engineers, Business analysts, IT professionals, Scientists, Professors and teachers, Physical therapists, Lawyers, Pharmacists
H-1B1
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
Requirements
EB-2
You must hold an advanced degree (master's or higher), possess a bachelor's degree plus five years of progressive work experience, or demonstrate exceptional ability in your field by showing at least 3 of 6 requirements, such as maintaining membership in professional associations and earning recognition for your contributions to your industry from peers or professional organizations.
A job offer and labor certification (PERM) are required, proving that no qualified U.S. workers are available for the position.
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-2
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that requires an advanced degree or aligns with the exceptional ability criteria.
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-2
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
H-1B1
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
Sponsorship
EB-2
Required
H-1B1
Required
Validity period
EB-2
Permanent residency
H-1B1
18 months1
Renewable
EB-2
Every 10 years
H-1B1
Indefinitely
Without premium processing
EB-2
Three stages, totaling about 36-48 months1
H-1B1
1-4 months
With premium processing
EB-2
15 business days2
H-1B1
No
Can spouse work
EB-2
Yes
H-1B1
No
Disclaimers
EB-2
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
H-1B1
1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.