Among the various ways in which foreign nationals can enter and legally work in the United States are two similar but distinct pathways. First, there is the H-1B non-immigrant visa that gives you the right to work in the United States. Second is the employment-based immigrant visa that gives you a green card to become a permanent resident.

What is H-1B visa?

H-1B is a non-immigrant visa that allows U.S. employers to hire foreign workers for specialty jobs that require at least a bachelor’s degree or equivalent; or to hire fashion models. The specialty occupation may be in fields of IT, finance, engineering, architecture or more. Having an H-1B visa means that you can work legally in the United States for a maximum of six years. Once your time limit is reached, you can choose to either return your home country or apply for green card through your employment (employment-based immigrant visas).

The H-1B Annual Lottery (H-1B Visa Cap)

Each year, there is a cap on the number of H-1B visas issued. The current annual statutory cap is 65,000 visas. There are an extra 20,000 visas for foreign professionals who graduate with a master’s degree or doctorate from a U.S. institution of higher learning. If the employer sponsoring you is an institution of higher education, a non-profit organization connected to an institute of higher education, or a government research organization, then the visa cap does not apply.

Since there is such a high demand for H-1B visa, if you want to apply for an H-1B visa, you need to register for an account to enter a lottery that held online by USCIS once in a year. The registration period only runs for 14 days each year. If you don’t register it and your occupation is not exempt from the cap, you will not be able to apply for the H-1B visa. Your registration must be selected if you want to apply for an H-1B visa. If you do not get selected in the H1B lottery, then you can register in the next year to try and be selected again; however, you will have the same chance of being selected as everyone else.

Who is eligible for an H-1B Visa?

You are qualified for an H1B visa if:

1. You have a job offer from a U.S. employer for a position that requires specialty knowledge;
2. You have a bachelor’s or higher degree, or its equivalent in that field;
3. The U.S. employer can prove that there is a lack of qualified U.S. applicants for the position.

If you meet these requirements, then your employer can begin the process and apply for the H1B visa on your behalf.

What is EB-3 visa?

EB-3 visa is one of employment-based immigrant visas (categorized as EB from 1st to 5th preferences) that can grant permanent residency (green card) to qualified individuals.

Who is eligible for an EB-3 Visa?

There are three groups of foreign workers that can be qualified to apply for an EB-3 visa: professionals, skilled workers, and unskilled workers. Professionals are those who have a bachelor’s degree. Skilled workers are those who have at least two years of experience. Unskilled workers are who have less than two years of experience. 

The EB-3 visa also requires the U.S. employer to prove the unavailability of U.S. applicants for the position.

There is no cap on the number of total EB visas; thus, there is no lottery as in H-1B visa case. The number of EB visas granted every year is at least 140,000.

There are certainly more paths for foreign nationals who are interested in working in the United States. If you are struggling with these two options or are interested in working in the U.S., we highly recommend seeking the help of an experienced attorney to analyze your specific situation. At Ha Nguyen Law, we have helped individuals from all over the world receive their visas and green cards. It is important that you work with a professional that can give you a comprehensive assessment and advice to help you to achieve your objectives.

If you have any questions, please feel free to consult our attorney at Ha Nguyen Law at (916) 281-9135.