H2B vs EB3

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?

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.