September 1, 2025

EB-3 vs H-1B: Permanent Residency vs a Temporary Work Visa

If you are researching how to work in the United States, two options come up again and again: the EB-3 green card and the H-1B work visa. They sound similar, but legally they are very different things. One is a path to permanent residency. The other is a temporary work permit that eventually expires.

Understanding the difference matters, because it changes what you can plan for, how long you can stay, and what happens to your family. Below we break down each one in plain language.

Not legal advice. This article is general information only, not legal advice, and it does not create an attorney-client relationship. Immigration rules change often. Always confirm current details at uscis.gov and consult a licensed U.S. immigration attorney about your own situation. Overseas Job Solutions does not provide legal services; our partner attorneys handle the legal work.

What the H-1B visa is

The H-1B is a temporary, nonimmigrant work visa. “Nonimmigrant” means it is designed for a limited stay, not for settling permanently.

A few defining features, per U.S. Citizenship and Immigration Services (USCIS):

• The employer files Form I-129 (Petition for a Nonimmigrant Worker) on the worker’s behalf.
• The job must be a specialty occupation — one that normally requires at least a bachelor’s degree (or its equivalent) in a specific field.
• Before filing, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor.
• A worker is generally admitted for up to three years, extendable to a maximum of six years in most cases.

The H-1B is also capped. Congress sets an annual limit of 65,000 visas, plus an additional 20,000 for workers who hold a U.S. master’s degree or higher.

One more thing to know: H-1B policy, fees, and procedures have seen frequent changes recently. Because this area is volatile, treat any specific figure or rule you read anywhere — including here — as something to verify current at uscis.gov before you rely on it.

What the EB-3 green card is

The EB-3 is an immigrant path — a route to a green card (lawful permanent residence). “Immigrant” means it is built for people who intend to live and work in the U.S. permanently.

EB-3 stands for Employment-Based, Third Preference. It covers three groups of workers:

• Skilled workers — jobs requiring at least two years of training or experience.
• Professionals — jobs requiring a U.S. bachelor’s degree or a foreign equivalent.
• Other workers — jobs requiring less than two years of training or experience, and that are not temporary or seasonal.

The EB-3 process runs through different agencies and forms than the H-1B:

• The employer typically obtains a PERM labor certification from the Department of Labor, confirming there are no qualified, willing U.S. workers available for the role.
• The employer then files Form I-140 (Immigrant Petition for Alien Workers) with USCIS.
• The worker waits for an immigrant visa number to become available (tracked on the monthly Visa Bulletin), then either adjusts status inside the U.S. or completes consular processing abroad.

The end result, if approved, is a permanent green card — not a visa that expires in a few years.

Overseas Job Solutions focuses on candidates from the “Rest of World” — countries that are not currently backlogged the way high-demand countries like India and China are on the employment-based Visa Bulletin. Wait times still depend on your specific case and the priority date, so we make no promises about timelines.

Key differences at a glance

	H-1B	EB-3
Visa type	Temporary (nonimmigrant)	Permanent (immigrant)
End goal	Time-limited work authorization	Green card
Main petition	Form I-129	Form I-140
Labor step	Certified LCA	PERM labor certification
Maximum stay	Up to 6 years	Permanent, if approved
Annual cap	65,000 + 20,000 (U.S. master’s)	Part of ~140,000 employment-based total

Can you go from H-1B to EB-3?

Yes — the two are legally distinct but not mutually exclusive. It is common for someone to be working in the U.S. on an H-1B visa while an employer separately pursues an EB-3 green card for them. The H-1B provides temporary authorization to work; the EB-3 process, running in parallel, aims for permanent residence.

They are handled as separate cases with separate forms, and one does not automatically lead to the other. Whether this route makes sense for you depends on your job, your employer’s willingness to sponsor, and your individual circumstances — questions for a licensed immigration attorney.

Frequently Asked Questions

Is the EB-3 a visa or a green card? The EB-3 is a path to a green card (lawful permanent residence). The H-1B, by contrast, is a temporary nonimmigrant work visa that expires.

Do I need a bachelor’s degree for both? The H-1B specialty-occupation category generally requires a bachelor’s degree or equivalent. The EB-3 has three tiers, including “other workers” roles that require less than two years of training or experience, so a four-year degree is not required for every EB-3 category.

Does the H-1B lead automatically to a green card? No. The H-1B and EB-3 are separate legal processes. Some people hold an H-1B while their employer pursues an EB-3 on their behalf, but nothing is automatic, and there are no guarantees.

How long can I stay on an H-1B? USCIS generally admits H-1B workers for up to three years, extendable to a maximum of six years in most cases. Because H-1B rules change frequently, verify the current terms at uscis.gov.

Sources

• USCIS — H-1B Specialty Occupations: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
• USCIS — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
• USCIS — Permanent Workers: https://www.uscis.gov/working-in-the-united-states/permanent-workers
• U.S. Department of Labor — PERM Labor Certification: https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
• U.S. Department of State — Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Figures such as fees, caps, and processing rules are current as of July 2026 and are subject to change. Verify all details at uscis.gov and consult a licensed immigration attorney.