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US immigration has H1B and EB1 visas for foreign workers, both bringing along different perks, needs, and restrictions that attract various specialists. The H1B visa is very popular among talented workers, while the EB1 visa is among the most popular employment-based green cards. It is an expedient route to permanent citizenship, Upstage media helps with press coverage and awards as well. Can you get an EB1 if you hold an H1B visa? The article will mainly explain the different types of visas and how a seamless H1B to EB1 transition is possible.
Understanding the H1B Visa
Using the H1B visa, U.S. corporations can employ foreign workers in the areas of IT, engineering, and finance. H1B visa holders have six years of legal work eligibility, usually in three-year increments, but such increments can be extended if the worker is seeking a green card.
The H1B visa’s “dual intent” allows the holders to apply for permanent residence-a green card- without forfeiting their non-immigrant status, which is attractive. However, H1B visas are limited. Since the holder benefits from sponsorship, a switch in occupations can sometimes translate to a transfer of the visa to another employer, an onerous process requiring further papers and clearance. The annual H1B visa quota makes the process competitive and undetermined for applicants.
Overview of the EB1 Visa
An EB1 visa is an employment-based green card granted to individuals who are perceived to be of extraordinary ability, outstanding professors or researchers, and classified as multinational executives or managers. In total, there are 3 subcategories:
- EB1-A: For the individual having extraordinary ability in sciences, arts, education, business, or athletics.
- EB1-B: For outstanding professors as well as researchers with international recognition.
- EB1-C: Multinational managers or executives who, for at least one out of the last three years, have been working abroad with a qualified employer.
The principal benefit the EB1 visa has over the H1B is that it goes directly into permanent residency without having to go through labor certification, which may otherwise be necessary in the case of most other employment-based green cards, such as EB2 and EB3. This can significantly reduce the time it takes to obtain a green card. On top of that, the EB1 visa is uncapped, meaning there is no numerical limit on how many people can be issued every year. This is in contrast with the H1B visa.
Applying for EB1 While on H1B
The EB1 visa application is allowed even while on H1B. The dual-intent clause of the H1B is what allows foreign workers to look for permanent residence without losing their status, hence making the two visas compatible.
USCIS needs to be petitioned with Form I-140, Immigrant Petition for Alien Worker. The one applying can adapt to permanent residence in case already in the U.S. or can even go through consular procedures overseas after I-140 approval. A huge benefit: You can apply for an EB1 visa while in H1B without ever leaving your work or country. You can work in the U.S. on an H1B visa until the EB1 is authorized.
Must Read: Do You Need Press Coverage for EB-1?
Advantages of Dual Intent
H1B visa beneficiaries gain from the dual intent. H1B visa beneficiaries can apply for an EB1 visa as the intent of the visa entails an immigrant purpose as well as a non-immigrant purpose. This means you can seek an EB1 green card without worrying about losing your job or your U.S. residency.
Considerations and Potential Challenges
Timing and Eligibility:
Preparation will qualify H1B holders for EB1 visas. Qualifying standards in EB1 are more stringent than in the H1B visa. Candidates for EB1 should prove what they have done and what they have achieved in their respective fields of expertise to be qualified for remarkable ability or distinguished researcher. The H1B visa has six years placed on it, making timing more important when applying for EB1.
Documentation Requirements:
EB1 applications require detailed documentation. The applicants who are seeking an EB1-A category must submit industry honors, published work, or contributions to the field. The applicants under the EB1-B and EB1-C categories will require letters of reference, worldwide reputation, or management experience.
Impact on Current H1B Status:
You can hold your H1B status even though you have applied for the EB1 visa. You are allowed to work on your H1B visa as your EB1 application is in process. If your EB1 application gets denied, you need to hold your H1B status in order to continue at work and keep your visas current.
Steps to Apply for EB1 While on H1B
Assessing Eligibility:
It is important to know whether you come under the EB1-A, EB1-B, or EB1-C classification before filing for an EB1 visa. In most cases, this may require consulting an immigration attorney or gathering solid evidence of outstanding professional achievements or extraordinary ability.
Gathering Necessary Documents:
EB1 petitions are highly document-intensive. That could include awards, academic publications, press coverage, reference letters, and proof that you have made major contributions to your field. Multinational executives or managers will need to demonstrate managerial experience abroad.
Filing Process:
Submit Form I-140, along with all supporting documentation, to USCIS. After I-140 is approved, you may submit Form I-485, Adjustment of Status, if you are inside the United States or consular processing if outside the U.S.
Pros and Cons of Applying for EB1 While on H1B
Benefits of Transitioning:
Perhaps the most significant outcome of changing status from an H1B visa to an EB1 green card is that you now enjoy permanent residence, meaning you are allowed to stay and work in the United States indefinitely. You do not need to rely on any single employer anymore. The six-year limitation of the H1B visa no longer applies. Some Risks and Potential Drawbacks:
Potential Risks or Drawbacks:
The greatest danger when switching over to an EB1 visa is that the cutoff levels for qualifications are much greater than in an H1B visa. In the event your EB1 petition is rejected, you will have to ensure that your status is valid under H1B. Secondly, the EB1 process is quite lengthy, and much documentation and evidence may be required.
Success Stories and Statistics
There are several technology and academic professionals who have successfully applied for a status change from an H1B to an EB1 green card. USCIS averages approval rates being higher for the EB1, especially for those with well-documented cases, compared to other employment-based green card applications. However, processing times for I-140 are case-specific and service center-specific.
Alternative Options
While an EB1 visa is obviously a very attractive option for many H1B holders, other employment-based green card categories – such as EB2, which will cover advanced degree professionals or individuals with exceptional ability, or EB3, which will include skilled workers, professionals, or other workers-have eligibility criteria sometimes much more straightforward than that associated with the EB1, though you can expect the labor certification process to be longer.
Conclusion
It is absolutely possible to file for an EB1 visa while you’re on an H1B and it might become a strategically wise move for the highly-skilled worker intending to permanently stay in the United States. And though a complex procedure, this promises much flexibility at work, security, and long-term residency. So, before making an application, you should evaluate your potential eligibility by taking good documentation and the help of legal professionals to ensure a smooth transition from H1B to EB1.