USA — Employment-Based Work Visa & Green Card Guide
Comprehensive guide for candidates and employers navigating H-1B, EB-2, and EB-3 pathways to working in the United States.
Understanding US Employment-Based Immigration
Choose based on your situation:
- H-1B Specialty Occupation: Temporary, 6 years total
- EB-2 Advanced Degree: Permanent residence (green card)
- EB-3 Skilled Worker: Permanent residence (green card)
- Schedule A: Nurses, PTs (pre-certified, faster)
H-1B is temporary; EB green cards grant permanent residence.
All pathways require:
- Employer sponsorship (mandatory)
- Minimum bachelor's degree (H-1B)
- Job offer in specialty occupation
- Prevailing wage compliance
- PERM labor certification (EB green cards)
Key Bodies: USCIS, DOL, DOS
Typical Timelines:
- H-1B Lottery: March registration
- H-1B Processing: 2-6 months (regular) or 15 days (premium)
- EB-2/EB-3: 2-10+ years (varies by country)
- Per-country caps: India/China face severe backlogs
Premium processing available for faster H-1B decisions.
Which Visa Is Right for Me?
Select your pathway based on qualifications and goals
Professionals with bachelor's degree + specialty job offer
- ✓ Duration: 3+3 years (6 total)
- ✓ Subject to annual lottery (85,000 cap)
- ✓ Can extend if EB green card process started
- ✓ 2026: Weighted lottery favors higher salaries
Advanced degree (master's+) or exceptional ability
- ✓ Permanent residence (lifetime)
- ✓ Requires PERM labor certification
- ✓ I-140 immigrant petition required
- ✓ Timeline: 2-4 years (ROW) to 10+ (India)
Bachelor's degree professionals or skilled workers (2+ yrs exp)
- ✓ Permanent residence (lifetime)
- ✓ Similar process to EB-2
- ✓ Sometimes moves faster than EB-2
- ✓ No lottery — employer files directly
Eligible Occupation Categories
Specialty occupations qualifying for H-1B and employment-based green cards
H-1B Visa — Step-by-Step Process
The most common pathway for specialty occupation professionals
Phase 1: Employer Registration & Lottery
Employers register for the H-1B cap lottery in March. USCIS conducts random selection to determine which petitions can proceed.
Step 1: H-1B Cap Registration
When: Early March each year (for October 1 start)
What: Employer submits electronic registration for each prospective H-1B worker
Cost: $10 per registration
2026 Change: Weighted lottery favors higher-salary positions (effective FY2027)
Step 2: Lottery Selection
When: Late March/April
Cap: 65,000 regular + 20,000 US master's degree = 85,000 total
If Selected: Employer may proceed to file full H-1B petition
If Not Selected: Must wait for next year's lottery
EB-2/EB-3 Green Card Process
Employment-based permanent residence pathway
Employer conducts recruitment (ads, job postings)
Documents no qualified US workers available
Files PERM application with DOL
Processing: 6-12 months
Employer files I-140 with USCIS
Demonstrates ability to pay salary
Priority date established (critical for backlogs)
Processing: 4-6 months (or 15 days premium)
Monitor Visa Bulletin each month
Per-country caps create backlogs
India EB-2: 10-15+ years wait
Rest of World: 2-4 years typically
If in US: File I-485 when priority date current
If outside US: Consular processing at embassy
Medical exam, biometrics, interview
Green card issued!
H-1B Weighted Lottery (Effective FY2027 Cap Season)
- Selection now favors higher-salary positions relative to prevailing wage
- Higher-paid workers have better lottery odds
- Strategy: Employers should maximize offered salary where possible
- No change to 85,000 annual cap (65K regular + 20K US master's)
This change aims to prioritize positions offering wages significantly above the prevailing wage threshold.
Documents Checklist
Required documentation for each pathway
- Passport (6+ months validity)
- University degree and transcripts
- Credential evaluation (if foreign degree)
- Resume/CV
- Employer's I-797 approval notice
- Passport-size photos
- DS-160 confirmation (for visa stamp)
- All H-1B documents plus:
- Birth certificate
- Police clearance certificates (all countries lived 6+ months since age 18)
- Medical examination (civil surgeon)
- Proof of employer's ability to pay
- Experience letters (detailed)
- Tax returns/W-2s (if in US)
- Business license and tax documents
- LCA approval from DOL
- Evidence job requires bachelor's degree
- Proof of prevailing wage ability
- PERM recruitment documentation (EB)
- I-140 petition materials
- Audited financials (ability to pay)
Fees & Costs
Comprehensive cost breakdown by pathway
Timeline Comparison
| Pathway | Best Case | Typical | With Delays | Country Impact |
|---|---|---|---|---|
| H-1B (premium) | 4-5 months | 6-8 months | 12+ months | N/A |
| H-1B (regular) | 6-8 months | 8-12 months | 15+ months | N/A |
| EB-2 (Rest of World) | 2 years | 3-4 years | 5+ years | Low backlog |
| EB-2 (India) | 8 years | 10-15 years | 20+ years | Severe backlog |
| EB-3 (Rest of World) | 2-3 years | 3-5 years | 6+ years | Moderate backlog |
H-1B vs Green Card Comparison
| Feature | H-1B | EB-2/EB-3 (Green Card) |
|---|---|---|
| Status | Temporary (nonimmigrant) | Permanent (immigrant) |
| Duration | 3+3 years (6 total) | Lifetime |
| Lottery | Yes (unless cap-exempt) | No |
| Job Mobility | Requires new petition | Free to change jobs |
| Path to Citizenship | No direct path | Yes, after 5 years as LPR |
| Dependent Work | H-4 EAD (limited) | Immediate work authorization |
| Travel | Requires valid visa stamp | Permanent resident travel freedom |
Official Resources
Always verify current requirements through official government channels
USCIS: uscis.gov
H-1B Program: H-1B Specialty Occupations
Employment-Based Immigration: Permanent Workers
Case Status: Check Case Status
Department of Labor: Immigration Programs
Visa Bulletin: Priority Dates
LCA Data: Prevailing Wage Info
Hiring Global Talent for Your US Operations?
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For EmployersDisclaimer: This information is for general guidance only. Requirements and processes change regularly. Always verify with official USCIS and Department of Labor sources and consult qualified immigration attorneys for your specific situation.