Which Category Is Best for H‑1B Holders – EB‑1, EB‑2 NIW or EB‑3?

For many foreign professionals in the United States on H-1B visas, the ultimate goal is permanent residency – a U.S. Green Card. While the H-1B provides a valuable opportunity to live and work in the U.S., it’s a temporary, employer-sponsored status subject to strict caps and limited renewals. As career and family plans evolve, many H-1B holders begin exploring immigrant visa options such as EB-1, EB-2 National Interest Waiver (NIW), and EB-3. To learn more about transitioning from H-1B to a Green Card through the EB categories, explore expert resources and step-by-step guidance at https://www.eb5brics.com/h1b-visa.

Each of these employment-based categories leads to a Green Card, but they differ in eligibility, processing times, and sponsorship requirements. Choosing the right one depends on your professional background, achievements, and how quickly you need to adjust status. Below, EB5 BRICS explains the differences – and what H-1B professionals should consider when mapping out their U.S. immigration future.

Understanding Employment-Based (EB) Green Cards

The U.S. allocates approximately 140,000 employment-based immigrant visas each fiscal year, divided among five preference categories. EB-1, EB-2, and EB-3 are the most commonly used by H-1B professionals.

While all three can lead to permanent residency, their qualifications and timelines vary. Some require employer sponsorship and a labor certification (known as PERM), while others allow self-petitioning or exemption from the labor market test.

For more information regarding the various employment based visa, you can visit this website: https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html

EB-1: For Extraordinary Ability, Outstanding Professors, and Multinational Executives

The EB-1 category is the fastest and most prestigious route to a Green Card. It’s designed for individuals who are at the top of their field – professionals with extraordinary ability in sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives or managers.

For H-1B holders, EB-1A (Extraordinary Ability) and EB-1C (Multinational Executive/Manager) are the most relevant.

  • EB-1A allows self-petitioning, meaning you don’t need an employer sponsor. You must demonstrate “extraordinary ability” through sustained national or international acclaim, such as major awards, publications, leadership roles, or significant contributions to your industry.
  • EB-1C applies to executives or managers transferring from a foreign company to a U.S. affiliate or subsidiary, often after holding an L-1A visa.

The EB-1 category’s biggest advantage is speed. Priority dates for EB-1 often move faster than EB-2 or EB-3, and there’s no PERM labor certification required. For high-achieving H-1B holders – such as senior engineers, researchers, or founders with strong evidence of impact – EB-1 can be the quickest route to a Green Card.

However, EB-1 standards are rigorous. Applicants must present extensive documentation proving that their work has received national or international recognition, and USCIS applies these criteria strictly.

EB-2 NIW: The Flexible Option for Professionals With Advanced Degrees

The EB-2 category generally covers individuals with an advanced degree (master’s or higher) or exceptional ability in their field. Under normal circumstances, EB-2 applicants require employer sponsorship and a PERM labor certification to prove there are no qualified U.S. workers for the position.

However, the National Interest Waiver (NIW) provides a valuable exception. The NIW allows professionals to self-petition – bypassing both employer sponsorship and the labor certification process – if they can show that their work is of substantial merit and national importance to the United States.

For H-1B holders in fields such as technology, healthcare, education, or research, the EB-2 NIW is often the most strategic option. It’s especially appealing for individuals who:

  • Want flexibility to change employers or start their own business.
  • Hold a master’s or Ph.D. and can demonstrate their work benefits the U.S. economy, health, culture, or security.
  • May not yet meet the high evidentiary threshold for EB-1 but still make significant professional contributions.

While EB-2 NIW processing times are longer than EB-1, the category offers independence – a major advantage for H-1B holders who no longer wish to rely on employer sponsorship or face uncertainty from job changes.

Recent USCIS trends show increased approval rates for well-prepared NIW petitions, particularly in fields aligned with national priorities such as AI, renewable energy, biotech, and infrastructure.

EB-3: The Traditional Path Through Employer Sponsorship

The EB-3 category is the most common employment-based route and covers three main groups: skilled workers, professionals with a bachelor’s degree, and unskilled workers. For most H-1B visa holders, it’s the default path toward a Green Card through employer sponsorship.

An EB-3 petition requires a PERM labor certification, meaning the sponsoring employer must prove to the Department of Labor that there are no qualified U.S. workers available for the position. Once the certification is approved, the employer can file Form I-140, followed by adjustment of status (Form I-485) when the priority date becomes current.

While EB-3 has relatively straightforward eligibility requirements, it often involves longer waiting times, especially for applicants from high-demand countries such as India and China. Nonetheless, for H-1B holders whose employers are willing to sponsor and who do not qualify for EB-1 or NIW, EB-3 remains a practical and well-established route to permanent residency.

Comparing Timelines and Flexibility

Processing times and priority dates play a crucial role in determining which option is “best.”

EB-1 petitions typically move fastest, with approvals in as little as a few months, though country backlogs can still apply. EB-2 NIW cases, while self-sponsored, may take longer to process – often 12 to 18 months or more – depending on USCIS workload. EB-3 petitions can take several years due to the PERM process and extended visa backlogs.

Flexibility is another factor. EB-1A and EB-2 NIW allow self-petitioning and do not tie applicants to a specific employer. EB-3, by contrast, requires ongoing sponsorship until the Green Card is issued, which can be restrictive for professionals seeking career mobility.

Choosing the Best Option for H-1B Holders

There’s no single answer to which category is “best” – it depends on your qualifications and goals.

If you are a recognized expert or leader in your field, EB-1A offers the fastest route. If you have an advanced degree and can show your work benefits the U.S. on a national scale, the EB-2 NIW provides flexibility and independence. And if your employer is supportive and your qualifications are more traditional, EB-3 remains a reliable pathway.

Many H-1B professionals pursue multiple strategies simultaneously – applying for EB-2 or EB-3 through an employer while preparing a self-petition for EB-1A or NIW to improve their chances and reduce waiting time.