H2B vs EB3

H2B vs EB3 compare

H2B vs EB3

H2B vs EB3 2560 1707 Tess Douglas

What’s the number 1 question we get on TikTok, YouTube, and in our immigration strategy sessions:

How to work in the United States?

Well, if you want to work here, you need to know about these two visas: the H2B and the EB3.  Both can allow you to work in the United States even if you don’t have a college degree.  So, which one is best for you?

The answer: it depends on the type of job you are coming to the United States to do.  We understand that “it depends” is not a helpful answer.  So, to make it clearer, we put together a simple H2B vs EB3 chart.  You can use this chart compare the H2B visa with the EB3 green card.

What is the difference between H2B and EB3?

H2B vs EB3 compare chart

The key take-away: The H2B is NOT an option unless the US employer can prove that the position in the US is temporary.  So, if you want to remain permanently in the United States the H2B is likely not the right option for you.

If you are a US employer and you need to fill a permanent position, you cannot use the H2B for the job.  The H2B is only for employers who can demonstrate that the position is:

  • Seasonal or because of a spike in business during a particular time of year
  • Based on a one-time need/project, or
  • Sporadic or unpredictable
    • Attorney tip: this category is the hardest one to meet. The US employer must show that no US workers have ever filled the position before.

If the job does not fit into one of these temporary categories, then the EB3 green card is likely the best option.

If you are interested in learning about how our team can help you with your employment-based green card or H2B, or you would like discuss another immigration issue with our team, you can schedule a strategy session with one of our attorneys here. You can also learn more about our immigration services here.


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Tess Douglas

I provide representation for a diverse range of immigration matters, including nonimmigrant visas, immigrant visas, criminal immigration issues, appeals, and federal litigation.

All stories by:Tess Douglas
  • Informatika 12/27/2023 at 4:17 am

    In seeking permanent residence in the United States, what alternative immigration options are available for individuals who do not qualify for the H2B visa? What factors determine the eligibility for permanent residence, and what are the common pathways for individuals seeking to establish long-term residency in the U.S.?
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  • Talin cabrera trejo 01/04/2023 at 5:38 pm

    Buenas tardes quisiera saber como obtener la visa de trabajo grasias por su atención dios los bendiga

  • Claribel 12/25/2022 at 6:35 pm

    Soy médico especialista de primer grado en medicina interna.
    Necesito trabajar en EEUU. No tiene que ser necesariamente cómo médico. Lo importante es tener un salario Digno

  • Brenda 11/30/2022 at 3:13 am

    Yo quiero que me ayude a buscar una visa de trabajo Porque necesito ayudar a mi familia

  • Roberto itzep torres 11/20/2022 at 9:24 pm

    Buenas tarde en la publicacion megusto
    Quero que me aguda sacar mi visa de trabajo

  • Ana Aleman 11/10/2022 at 5:19 am

    Hola buenas noches quisiera saber cómo puedo aser para obtener una visa para trabajar

  • Jeremy 09/20/2022 at 2:57 am

    Busco empleo

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