EB-1A Visa: An Alternative to the H-1B Employment Visa
Anyone following U.S. immigration law recently will have noticed the increasing challenges facing individuals who might have previously pursued an H1-B employment visa to live and work in the U.S.
Notably, longer waiting periods and a proposed massive increase in application fees have made the H1-B visa less attractive for many trained professionals from overseas looking to enter the country to live and work.
All is not lost, however. There may be an alternative route to employment in the U.S., via the EB-1A visa.
Let’s take a closer look at this visa and how it compares with the H1-B visa.
What are H1-B and EB-1A visas?
The H1-B and EB-1A visas are both U.S. employment visas:
- H1-B visa: A non-immigrant (temporary worker) visa based on a specialty occupation.
- EB-1A visa: An immigrant visa based on a professional’s extraordinary ability, making individuals eligible for a green card.
Traditionally, professionals looking to live and work in the U.S. have pursued H1-B visas. Even though these are temporary worker visas, they were generally viewed as more accessible than other options.
According to official USCIS data from 2024, applications for H1-B visas were roughly ten times the number of applications for EB-1 visas. With the recent changes in U.S. immigration policy, that no longer necessarily applies.
So, let’s first take a quick look at the main differences between these two visa classes:
| CATEGORY | EB-1 | H-1B |
|---|---|---|
| Visa type | Immigrant (green card) | Non-immigrant (temporary work visa) |
| Who can file | EB-1A: Self or employer EB-1B/C: Employer |
Employer only |
| Main requirement | Extraordinary ability / outstanding researcher / multinational manager | Specialty occupation requiring a bachelor’s degree or higher |
| Quota | Limited by category & country (often current) | Annual cap (85,000), lottery-based |
| Validity | Permanent residence | Up to 6 years (with limited extensions) |
| Employer dependence | Not required for EB-1A | Required |
| Family | Spouse & children get green cards and can work freely | Family gets H-4; spouse may work only with approved I-140 |
| Academics | EB-1B for outstanding professors/researchers | Universities & research institutions may be cap-exempt |
Note that the EB-1A visas are part of a broader range of EB-1 visas that incorporate the following options:
- EB-1A (Extraordinary Ability) in science, arts, education, business, or athletics.
- EB-1B (Outstanding Professors and Researchers) for internationally recognized professors or researchers.
- EB-1C (Multinational Executives and Managers) for transfers to the U.S. within a multinational company.
Why is the EB-1A a viable alternative to the H1-B employment visa?
The EB-1A has several advantages over the H1-B for highly skilled individuals:
- Usually offers expedited processing due to prioritized applications.
- Provides a route to U.S. permanent residency.
- Eliminates the dependency on employer sponsorship (a key feature of the H1-B visa).
- Provides more flexibility and career mobility, due to the non-reliance on employers.
- Green cards provided for spouse and children.
- Less dependent on the whims of whoever is in the White House.
Application fees
A controversial executive policy recently introduced a one-time $100,000 H-1B fee for certain new petitions. This rule’s implementation has been legally contested and may not apply to all cases.
If it does apply, employers looking to sponsor skilled professionals to come to work in the U.S. may find the H-1-B prohibitively expensive. An EB-1A visa may be a more viable option if the applicant is prepared to pay the associated fees (likely to amount to several thousand dollars) and manage the application.
Downsides of EB-1A visas
The obvious downside of EB-1A visa applications is that individuals are required to prove “extraordinary ability”. This normally requires proof of sustained national or international acclaim, as well as meeting 3 of 10 USCIS criteria, or receiving a major one-time award (e.g., Nobel Prize).
Extraordinary ability is often taken to mean success with patents, influential publications, or other impactful contributions. However, if you are a founder, researcher, artist, executive, or other top professional, this visa may be an option for you.
It’s interesting to note that before the current administration started in the White House, approval rates for H-1B and EB-1 visas were as follows:
- H-1B: 93.5% approval.
- EB-1: 76.1% approval.
So, pre-Trump, EB-1 visas were significantly more challenging to acquire than other options, and H-1B visas were the go-to option for international professionals looking to come to the U.S.
That appears to be changing.
Can you switch from an H-1B visa to an EB-1A?
Qualified professionals quite commonly switch from H-1B visas to EB-1A. No employer sponsorship is required to do so (self-petition applies).
Those with an active H-1B visa can apply to switch their visa to an EB-1 or pursue both at the same time (“dual intent”) if they think they meet the eligibility requirements.
If the EB-1A visa is approved, the applicant can change jobs freely, become a permanent resident, and secure green cards for a spouse and children to live and work freely in the U.S., too.
How can an immigration attorney help?
The increased challenges in recent months with seeking approvals for the H-1B visa make the EB-1A a more attractive option to consider for top professionals.
The advantages of securing an EB-1A are many, as we have seen. However, these visas have traditionally had fewer applicants for a reason: the evidentiary and approval bar for applications is typically set higher than with HB-1 visas.
Many people attempting to secure an EB1 visa of any category seek legal assistance from an experienced U.S. immigration attorney. This helps make the document-gathering, application submittal, and interview processes smoother and less stressful for applicants.
More specifically, a qualified lawyer can help with:
- Selecting the strongest eligibility category (EB-1A vs EB-1B vs EB-1C).
- Organizing and presenting evidence to meet USCIS standards.
- Drafting persuasive legal arguments and expert letters.
- Avoiding common mistakes that lead to Requests for Evidence (RFEs) or denials.
- Managing timelines, filings, and (if applicable) consular or adjustment interviews.
The award-winning Immigration Desk team led by Anu Gupta, with over 40+ years of experience and a 99% approval rate, is on hand to help you achieve your dream of living and working in the U.S. Contact us today for your initial consultation to getting started.
