H1B Visa or Work-Based Green Card: Which is Easier?

Summary

Immigration lawyer Jim Hacking discusses the complexities of obtaining an employment-based green card versus an H-1B visa in the U.S. He outlines the H-1B visa process, noting its lottery system and the requirement for a specialty occupation, often limited to advanced-degree holders in fields like software development or medicine. Hacking contrasts this with the green card process, which involves a labor certification and recruitment process but offers permanent residency and a path to citizenship. He highlights the challenges and costs for employers in sponsoring visas and green cards, and provides resources for those seeking employment in the U.S.

Takeaways

• 😀 H-1B visas are designed for individuals in specialty occupations, typically requiring a specific degree, such as software developers, doctors, and lawyers.
• 🎓 The H-1B visa process involves a lottery due to an annual cap, which can lead to significant delays or uncertainty for applicants.
• 💼 Employers are responsible for all H-1B visa-related fees, including filing and legal fees, which can be a deterrent for some companies.
• 🔄 H-1B visas are initially granted for three years and can be renewed for another three years, allowing a maximum stay of six years in the U.S.
• 🏢 Unlike H-1B visas, employment-based green cards do not have a cap and are not subject to a lottery system.
• 🛂 Employment-based green cards require employers to file a PERM application with the Department of Labor, demonstrating that no qualified U.S. workers are available for the position.
• 💼 Employers may be hesitant to sponsor green cards due to the lengthy and costly process, including government-set salary requirements and recruitment regulations.
• 🏡 Employment-based green cards offer the benefit of indefinite stay in the U.S. and a path to citizenship, unlike the temporary nature of H-1B visas.
• 🌐 Green cards are available for a broader range of occupations, including those that may not qualify for H-1B visas, providing more flexibility for employers and employees.
• 🔗 For those seeking H-1B sponsorship, resources like 'myvisajobs.com' can help identify companies that have previously sponsored H-1B visas.
• 📞 The video encourages viewers with questions about H-1B visas or employment-based green cards to reach out to the immigration law firm for assistance.

Q & A

What is the primary difference between an H-1B visa and an employment-based green card?

The primary difference is that the H-1B visa is a nonimmigrant visa for specialty occupations and is subject to a lottery due to an annual cap, while employment-based green cards offer lawful permanent residency and a path to citizenship, including for non-specialty occupations.

Who is typically eligible for an H-1B visa?

Individuals with a specialty occupation, such as software developers, doctors, lawyers, and accountants, who have received a specific degree in a specific field, are typically eligible for an H-1B visa.

What is the annual cap on H-1B visas, and how does it affect the application process?

There is an annual cap on the number of H-1B visas available, which results in a lottery system to determine which applications are processed, as there are often more applications than the cap allows.

What are the financial responsibilities of the employer in the H-1B visa process?

The employer must cover all costs associated with the H-1B visa, including filing fees and legal fees.

What is the maximum duration one can stay in the U.S. on an H-1B visa?

The maximum duration for an individual to stay in the U.S. on an H-1B visa is up to six years, with the visa being granted in three-year increments and renewable once.

What is the process like for an employer to sponsor an employment-based green card?

The process involves filing a PERM application with the Department of Labor, determining the prevailing wage, ensuring no qualified U.S. workers are available for the job, and going through a good faith recruitment process.

Why might employers be hesitant to sponsor employment-based green cards?

Employers may be hesitant due to the cost, the lengthy and complex process, the requirement to have the salary set by the government, and the risk of the sponsored individual leaving the company after receiving the green card.

What are the benefits of obtaining an employment-based green card?

Employment-based green cards allow for indefinite stay in the U.S., do not require renewal like the H-1B, and put the individual on a path to citizenship.

How can someone find employers who are willing to sponsor H-1B visas?

One can visit myvisajobs.com to see a list of companies that have sponsored H-1B visas in the past, which can help identify potential employers.

What is the role of the Department of Labor in the employment-based green card process?

The Department of Labor is involved in the process by requiring employers to file a PERM application, which includes determining the prevailing wage and ensuring no qualified U.S. workers are available for the position.

What is the EB-3 category in employment-based green cards, and who is it for?

The EB-3 category is for workers, including those without advanced degrees, and it represents one of the categories of employment-based green cards available for sponsorship.