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H-1B vs EB-2 Green Card: Side-by-Side Comparison

A data-driven comparison of H-1B and EB-2: requirements, duration, cap, approval rates, and green card paths for 2026.

⚠️ Informational only. Immigration rules change. Consult a licensed attorney for your specific situation.

How to Choose: H-1B vs EB-2

This is really a comparison between a nonimmigrant work visa (temporary) and an immigrant visa (permanent). H-1B provides US work authorization for 3–6 years (extendable under AC21) but is ultimately temporary. EB-2 is an employment-based green card — permanent US residence. The two are not alternatives for the same situation; most professionals start with H-1B, then pursue EB-2 (either through PERM labor certification with employer sponsorship, or via the National Interest Waiver self-petition). The key consideration is timeline: for Indian and Chinese nationals, EB-2 employer-sponsored backlogs can stretch decades. For other nationalities, EB-2 processing is 2–4 years. EB-2 NIW (National Interest Waiver) allows self-petition without employer sponsorship if you can show your work has substantial merit and national importance under the Dhanasar standard — important for academics, researchers, and professionals with independent credentials.

H-1B

Visa TypeNonimmigrant
Duration3 yrs (extendable to 6)
SponsorshipRequired
Annual CapYes (85,000/yr lottery)
Green Card PathGreen card possible
Premium ProcessingYes ($2,965)
Wage RequirementPrevailing wage required

EB-2

Visa TypeImmigrant (GC)
DurationPermanent
SponsorshipRequired (or NIW)
Annual CapPer-country limits
Green Card PathIS the green card
Premium ProcessingNo
Wage RequirementPrevailing wage required
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Approval Rate Comparison

H-1B Approval History

YearPetitionsApproval Rate
2024320,0008500.0%
2024460,0009300.0%
2024780,0001090.0%

EB-2 Approval History

YearPetitionsApproval Rate
202455,0008100.0%
202492,3415876.0%
202438,0007200.0%

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⚠️ Some data on this page may be outdated. We're working on refreshing it. For the latest official figures, check the source links.
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Frequently Asked Questions

What is the main difference between H-1B and EB-2?
H-1B is Nonimmigrant while EB-2 is Immigrant (GC). H-1B requires required, while EB-2 requires required (or niw). Duration: H-1B lasts 3 yrs (extendable to 6) vs EB-2 lasting Permanent.
Can I switch from H-1B to EB-2?
Switching between visa types typically requires filing a new petition or change-of-status application with USCIS. Each situation is different. Consult an immigration attorney to evaluate your specific circumstances.
Which is better for a green card — H-1B or EB-2?
IS the green card is an immigrant visa that directly leads to a green card. Green card possible is a nonimmigrant path that may lead to a green card. Your best path depends on your qualifications, nationality, and employer situation.