H1B Visa or Work-Based Green Card: Which is Easier?
Summary
TLDRImmigration 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
- π H-1B visas are designed for individuals in specialty occupations, typically requiring a specific degree, such as software developers, doctors, and lawyers.
- π The H-1B visa process involves a lottery due to an annual cap, which can lead to significant delays or uncertainty for applicants.
- πΌ Employers are responsible for all H-1B visa-related fees, including filing and legal fees, which can be a deterrent for some companies.
- π 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.
- π’ Unlike H-1B visas, employment-based green cards do not have a cap and are not subject to a lottery system.
- π 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.
- πΌ Employers may be hesitant to sponsor green cards due to the lengthy and costly process, including government-set salary requirements and recruitment regulations.
- π‘ 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.
- π 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.
- π For those seeking H-1B sponsorship, resources like 'myvisajobs.com' can help identify companies that have previously sponsored H-1B visas.
- π 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.
Outlines
π Understanding H-1B Visas and Employment-Based Green Cards
In this video segment, immigration lawyer Jim Hacking discusses the intricacies of obtaining employment-based immigration options in the United States. He starts by explaining the H-1B visa, which is designed for individuals with specialty occupations, typically requiring advanced degrees in fields like software development, medicine, or law. He notes that the H-1B visa is subject to an annual cap, leading to a lottery system due to high demand. Employers must cover all associated costs, and the visa is non-permanent, allowing stays up to six years with a maximum of two three-year extensions. In contrast, employment-based green cards involve a more complex process where employers file a PERM application with the Department of Labor, ensuring no available U.S. workers can fill the position. This process includes government-set salary requirements and a recruitment process to demonstrate the need for foreign labor. While green cards offer permanent residency and a path to citizenship, they are not without their challenges, including the cost, complexity, and the risk of sponsored employees leaving the company after gaining status.
πΌ Employer Sponsorship: Challenges and Resources
The second paragraph delves into the challenges faced by employers when sponsoring employees for H-1B visas or employment-based green cards. It highlights the reluctance of employers to go through the costly and complex process, especially considering the risk of the sponsored employee leaving the company after gaining immigration status. The speaker suggests that most H-1B visas are granted to individuals already in the U.S. on student visas who have completed optional practical training and impressed their employers. Employers typically prefer the H-1B visa due to its shorter duration and lesser complexity compared to green cards. The speaker provides resources for job seekers and employers, including a website (myvisajobs.com) to find companies that have sponsored H-1B visas and contact information for his law firm for professional assistance. He also encourages viewers to engage with his law firm's resources such as the immigration answer show, YouTube channel, and the Immigrant Home Facebook group for further guidance and community support.
Mindmap
Keywords
π‘H-1B visa
π‘Employment based green card
π‘Specialty occupation
π‘PERM application
π‘Lottery system
π‘Lawful permanent residency
π‘Jim Hacking
π‘Optional Practical Training (OPT)
π‘National Interest Waiver (NIW)
Highlights
H-1B visas are available for specialty occupations, such as software developers, doctors, and lawyers.
H-1B visas are subject to an annual cap, leading to a lottery system for selection.
Employers must cover all costs associated with H-1B visa applications.
H-1B visas are granted for up to six years, non-renewable, and do not lead to citizenship.
Employment-based green cards involve a PERM application to determine prevailing wage and availability of U.S. workers.
Employers face a lengthy process and government-set salary requirements for green card sponsorship.
Employment-based green cards require a good faith recruitment process to ensure no U.S. workers are available for the job.
Green cards offer permanent residency and a path to citizenship, unlike H-1B visas.
Green cards are available for a wider range of occupations, including those without advanced degrees.
Employers may be hesitant to sponsor due to the costs, processes, and the risk of the employee leaving after gaining status.
Most H-1B visas are granted to individuals already in the U.S. on a student visa with optional practical training.
Employers often sponsor for H-1B visas before considering employment-based green cards due to the latter's complexity and cost.
Myvisajobs.com is a resource to find employers who have sponsored H-1B visas in the past.
Employers and individuals can seek legal assistance for H-1B visas and employment-based green cards.
The immigration answer show and YouTube channel offer free advice on the immigration process.
The Immigrant Home Facebook group is a community for immigrants to ask questions and share experiences.
Transcripts
Which is easier to get an employment based green card or an H-1B visa.
Hi, I'm Jim Hacking, immigration lawyer, practicing law
throughout the United States
at our offices in Saint Louis, San Diego and Washington, DC.
In today's video, we're going to talk about people
who want to come to the United States and work in the United States.
How does it work?
Which system is easier?
So both systems, both programs, the H-1B system
and the employment based green card system have their pluses and minuses.
Let's talk about how they are different and then we can go from there.
So in H-1B visa is a special kind of visa that's available to people
with a specialty occupation, and that's sort of a more advanced occupation.
A lot of H-1B visas go to people like software
developers, doctors, lawyers, accountants.
This is people who have received a specific degree in a specific field.
You can't get an H-1B visa, for example, say, to run a restaurant
or make pizzas or work as a truck driver.
Those are not available for H-1Bs.
They're only available for specialty occupations.
And the main test is whether people in that occupation
have a specific degree, and often it's an advanced degree.
So H-1Bs are also subject to a lottery.
There's a cap on the number of H-1B visas that are available every year.
So there's a cap.
And whenever there's a cap, that means there's going to be
either a significant delay or a lottery.
And in this case, it's a lottery.
So most years there are way many more applications
submitted on behalf of employers who want to sponsor a worker from overseas
or foreign born to work in the United States on that H-1B visa.
And so that means that USCIS has to conduct
a lottery in order to figure out which cases get processed.
So the last piece of the H-1B that's a little bit different
from green cards is that the employer has to pay everything.
They have to pay all the filing
fees, the lawyer fees, all the fees associated with an H-1B.
H-1Bs are also not in perpetuity.
You can only get an H-1B in a three year stint.
You can renew it for another three years.
The maximum amount of time that someone can stay in the United States on an H-1B
in that status is up to six years total.
And so after that, they would have to leave the United States.
So an H-1B is a nonimmigrant visa.
It doesn't put you on a path to citizenship.
It is not lawful permanent residency.
So let's talk about employment based green card.
So there are different kinds of employment based green cards,
But for the most part, in most cases, this is going to involve an employer
filing a application with the Department of Labor called a perm application
to see what the prevailing wage should be for the occupation,
whether there are Americans who can do the job.
And then the employer has to go through a good faith recruitment process.
Now, all of these hurdles are things that employers don't like about
green cards and sponsoring people for employment based green cards.
They don't like having the salary set by the government.
And that's true for H-1Bs and for green cards.
They don't like the long, tedious process of getting the perm application
through from the Department of Labor, which can take seven or eight months.
They don't like the fact that they have to do a good faith recruitment,
which means they have to make sure that there aren't any American U.S.
citizens or lawful permanent residents who can do this job.
And they have to be prepared to demonstrate to the satisfaction
of the Department of Labor that there aren't any Americans who can do this job.
So there are a ton of regulations,
both with the H-1B, but especially with the green card application.
They have to publish it in the local newspaper of general circulation,
which means they're going to spend thousands of dollars
on this ad when they already probably have someone in mind.
So there are a lot
of aspects of employment based green cards that people don't like.
Now, green cards do have their pluses, though, too.
So if someone receives an unemployment based green card, they're going to be able
to stay in the United States for the rest of their lives.
They can stay in that status as long as they don't violate
the terms of that status or stay outside the United States for too long.
They're also on a path to citizenship.
And the real kicker is that employment based green
cards are available for non specialty occupations.
So if you are talking about the EB three category,
these are for workers and people who don't necessarily have those advanced
degrees EB twos or for people with advanced degrees or people doing
work in the national interest of the United States.
But generally you're going to be able to get an employment based green card
for someone that you might not be able to get an H-1B visa available for.
So those are some of the best things about the employment
based green card, that it gives employers greater flexibility,
it allows them to sponsor someone for the rest of their life
if they maintain their status with both an H-1B and a green card.
Another reason employers don't really like to get involved in
these is not just the cost, it's not just the hassle.
It's said many times when someone receives the H-1B or receives the employment
based green card, then they quit and go work somewhere else.
And so then the employer is left scratching their head,
Why did I go through all this hassle to give this person immigration status?
And now they've left me? So
getting an employer to sponsor you for an H-1B
or getting them to sponsor you for a green card is really, really tricky.
And it's really, really expensive.
And I think it's really hard to pull off from overseas.
The vast majority of people who receive H-1Bs are people who have
come to the United States on a student visa and have received
what's called optional practical training
and then made such a great impression on the employers
that they're willing to sponsor them for an H-1B.
Usually an employer
will want to sponsor someone for an H-1B if it's a job that's available for them
before sponsoring for the green card, because the green card
is so much longer and so much harder and so much more expensive.
So these are the ways that H-1B visas and green cards
based on employment can differ if you are looking for an H-1B employer.
I have a great resource for you.
If you go to my visa jobs dot com, you can see all the companies
that have sponsored people in the last I think seven or eight years for an H-1B.
That'll put you on track to find employers
who are willing and ready to sponsor people for H-1B.
The database doesn't work like that for employment based green cards,
but even so, it's going to show you what kind of companies are out there
looking for foreign nationals to work for them and to get a visa.
If you have found an employer,
if you're an employer looking to hire someone
and you have questions, you want to hire us to assist with your
H-1B visa or your employment based green card, feel free to give us a call.
3149618 200.
You can also email us info at hacking Immigration law.com.
Don't forget we have our immigration answer show where three or four
times a week I answer people's questions about the immigration process for free.
And then we also
have our great resources like our YouTube channel
that you should subscribe to so that you get updates.
Whenever we make videos like this one and our Immigrant Home Facebook group
where you can join and talk to immigrants going through the immigration process,
get your questions answered and go from there.
Hope you found this helpful and we'll see you next time.
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