What Is the Difference Between H-1B and EB-2?

While international work partnerships are becoming more and more frequent, the U.S. government is introducing new types of visas to meet all the needs. H1B and EB2 are work visas that require you to prove a higher eligibility standard.

Although the main difference between the H1-B and EB-2 visas is the immigrant/non-immigrant classification, the application process has its qualifications. Suppose you want to immigrate to the United States. In that case, you can read more about the eligibility criteria to ensure that you understand the implications of the process.

If you have a potential U.S. employer that wants to become your sponsor in the United States, the following points might help you choose the correct visa.

What Is an H-1B Visa?

H-1B Visa is a non-immigrant work visa that allows U.S. employers to sponsor foreign individuals to work at their companies for a certain amount of time. Several criteria must be met to petition for the H-1B visa:

  • The petitioner must be a U.S. employer
  • The proposed position and the worker must be eligible
  • The petitioning employer must acquire a certified Labor Condition Application and more

Before applying for an H-1B Visa, you should check if the annual cap has been reached. Each year, there is a total supply of 85,000 H-1b visas. Only 65,000 are generally available, while around 6,800 visas are granted to citizens of Chile and Singapore (due to the free trade agreements between those countries). An additional 20,000 visas are available only for foreign nationals with a U.S. master’s or a higher degree.

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What Is an EB-2 Visa?

EB-2 Visas target individuals who have extraordinary abilities or advanced degrees. Only 40,000 visas are available each year. For the EB-2A type of visa, you need to have an advanced degree and a job offer from a U.S. employer. The employer must prove they did not find any American citizen to do the job.

EB-2B visas target people who have exceptional ability in specific domains such as arts, science, or business. To qualify for this type of visa, you must meet some criteria, including ten years of working experience in a profession, recognition from experts in the field where you work, membership in a professional club or organization, and more. Suppose you want to keep up with visa availability. Then, you can follow the Visa Bulletin, a monthly application issued by the state department. It contains information on how long it will take to get your visa and where you are in line.

What Are the Main Differences Between H-1B and EB-2?

While both H-1B and EB-2 Visas require higher education, the level of education differs. To be eligible for H-1B status, an individual needs at least a bachelor’s degree in a related field. They will need a U.S. bachelor’s degree from an accredited college or a foreign degree that is equivalent.

To receive an EB-2 visa, you must prove you have an extraordinary ability that requires extensive documentation and careful assessments. You will need a PERM labor certification that your potential employer fills out. While it usually takes two to four months to receive the approval/denial of your PERM application, if it is audited, it might take longer. An audited PERM application requires a great deal of proof. Your sponsoring company might have to go through many interviews and provide various documents to prove that they can not find an American to fill the job.

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