Choosing H1B or Green Card Application: Weighing Employment Prospects with a Bachelor’s Degree

Key Takeaways:

• Understanding the H1B visa: A non-immigrant visa that allows foreign workers to work legally in the US.
• Benefits of H1B: Legal status, potential extensions, and spouse’s ability to work.
• Green card application: Allows permanent residency, can be more competitive, and requires meeting eligibility criteria.

Navigating the H1B and Green Card Process as a STEM OPT Employee

If you are working in the United States on a STEM OPT and your employer is willing to sponsor you for both an H1B visa and a green card, you might find yourself at a crossroads, unsure which path to take. Knowing the differences between the two applications and their potential impact on your future in the U.S. is vital for making an informed decision.

Understanding the H1B Visa

The H1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. If you are currently on your STEM OPT, which is set to end in June 2025, and your employer is offering to sponsor your H1B visa, this could be a significant opportunity for you to extend your stay and continue working legally in the United States.

The Benefits of H1B

For many international workers, the H1B offers several advantages, such as:
– Legal status to work and live in the U.S. for a finite period
– Potential to apply for an extensions or change of status
– Possibility for a spouse to legally live in the U.S. and, depending on their visa status, to work as well

Green Card Application: A Road to Permanent Residency

Unlike the H1B visa, a green card, or lawful permanent residency, allows you to stay and work permanently in the United States. Applying for a green card with a bachelor’s degree is possible, although the process could be more competitive and complex compared to applicants with advanced degrees or extraordinary abilities. It’s important to assess whether you meet the eligibility criteria for the green card category your employer is considering.

Will Applying for a Green Card Affect My Future Visas?

There’s a common concern among prospective immigrants that applying for a green card might show “immigrant intent” and adversely affect the chances of obtaining non-immigrant visas in the future. It’s true that certain types of visas, like the F1 student visa, are intended for individuals who do not have plans to immigrate. If the green card application were to be denied, there is a fear that this could pose a challenge when applying for an F1 visa to pursue further education, like an MBA.

H1B vs Green Card for Future Employment Options

Here’s what to consider when choosing between H1B and green card sponsorship:
H1B Visa:
– Non-immigrant status, with potential for future change of status.
– Limited duration with options for renewal.
– If not selected, it may limit options to remain in the U.S. and necessitate returning to your home country or changing to a different visa category.

Green Card:
– Immigrant status, intending to remain permanently in the U.S.
– No need to worry about renewing your status once you have the green card.
– More employment flexibility and security.

Best Practices When Considering H1B and Green Card Applications

Before you decide which route to take, there are some best practices you should follow:

1. Research and Discuss: Talk with your employer and possibly an immigration lawyer who can provide guidance based on your specific circumstances.
2. Qualification Assessment: Ensure that you qualify for the green card category your employer intends to pursue.
3. Future Intentions: Consider your long-term career and personal goals in the U.S. when deciding.
4. Be Informed: Stay abreast of the latest immigration policies and how they may affect your plans.
5. Have a Backup Plan: Especially if you are considering the H1B route, know that the visa lottery is unpredictable. It’s wise to have a plan if you are not selected.

Conclusion

Deciding whether to have your company apply for an H1B visa or a green card, or both, depends on a multitude of factors, including your current status, future educational goals, and your long-term vision for your career and life in the United States. Each path comes with its own set of challenges and opportunities, and an informed decision is your best course of action.

For more information on H1B visas and green card applications, you can visit authoritative sources such as the United States Citizenship and Immigration Services (USCIS) official website here.

As you reflect on your options, keep in mind that your employer’s willingness to support either application is a strong vote of confidence in your skills and potential contributions. Whichever choice you make, ensure it aligns with your professional development and personal aspirations.

Still Got Questions? Read Below to Know More

Can I apply for jobs with new employers once my green card application is submitted, or do I have to wait until it’s approved?

Yes, you can apply for jobs with new employers after your green card application (officially known as an Adjustment of Status) is submitted, but there are a few things to consider. If you are currently working in the United States on a non-immigrant visa that has employment restrictions (such as an H-1B or L-1 visa), you should maintain your non-immigrant status until you receive your Employment Authorization Document (EAD) or your green card is approved.

The EAD, which is also known as a work permit, allows you to work legally for any employer in the U.S. You can apply for the EAD using Form I-765 concurrently with your green card application or after filing your I-485, Application to Register Permanent Residence or Adjust Status. Once you receive your EAD, you are no longer restricted to your current employer and can start working for a new employer.

Remember that if your green card application is based on employment, changing jobs or employers could affect your application, particularly if your new job is not in the same or a similar occupational classification. The United States Citizenship and Immigration Services (USCIS) provides guidance on this topic, which is known as “portability” under AC21. You can find more information about job portability on the USCIS website here: USCIS – AC21. Always consult with an immigration attorney before making any job changes to ensure that it will not negatively impact your application.

Can I travel back to my home country while my H1B or green card application is being processed, or do I risk any complications?

Yes, you can travel back to your home country while your H1B or green card application is being processed, but there are important considerations and potential complications to keep in mind. If you are on an H1B visa and have applied for a green card:

1. Advance Parole (AP): If your green card application is in process and you have not yet received your H1B visa, you should typically apply for Advance Parole to maintain the ability to re-enter the United States without jeopardizing your application. Advance Parole is a document that grants you permission to re-enter the country while your application is being processed.
   

   “Advance Parole is required if you wish to reenter the United States after traveling abroad while an adjustment of status application is pending without abandoning the application.” – U.S. Citizenship and Immigration Services (USCIS)

   You can check more details and apply for Advance Parole here: Advance Parole – USCIS

2. H1B Visa Status: Having a valid H1B visa allows you to travel; however, ensure that your visa stamp is valid for re-entry to the U.S. If your visa has expired, you will need to obtain a new visa stamp from a U.S. Embassy or Consulate in your home country.

3. Pending Green Card Application: If you have a pending application for Adjustment of Status for a green card, you should not travel abroad without Advance Parole. Leaving the country without it could result in your application being considered abandoned.

It is essential to consult with an immigration attorney or check with the USCIS before making international travel plans while any application is pending to ensure that you do not face any unexpected complications that could impact your H1B status or your green card application. Here is the official page for the USCIS where you can get more information: USCIS Travel Documents.

If my STEM OPT expires before my H1B or green card gets approved, what are my options to stay legally in the U.S.?

If your STEM Optional Practical Training (OPT) expires before your H-1B visa or green card gets approved, you have a few options to maintain legal status in the U.S.:

1. Cap-Gap Extension: If you have already submitted a timely H-1B petition and your STEM OPT expires after the H-1B filing but before October 1st, you may be eligible for what’s known as the “Cap-Gap” extension. This automatically extends your F-1 status and employment authorization until September 30th, provided that the H-1B petition was filed before your OPT expired and requests a change of status.

   According to the U.S. Citizenship and Immigration Services (USCIS):

   “The H-1B cap-gap occurs because an employer may not file, and USCIS may not accept, an H-1B petition submitted more than six months in advance of the desired start date… However, F-1 status and work authorization will extend for a student who is the beneficiary of an H-1B petition and request for change of status.”

   For more information on Cap-Gap, visit the official USCIS Cap-Gap page.

2. Change of Status: Consider applying for a different visa that allows you to stay legally in the U.S. You can consult with an immigration attorney to explore visas such as O-1 for extraordinary ability, E-3 for Australian citizens, or even a student visa if you decide to continue your education.

3. Leave and Re-enter the U.S.: If maintaining status within the U.S. is not possible, you must leave the country once your grace period expires, which is typically 60 days after the STEM OPT end date. You can then wait for your H-1B or green card approval from abroad and apply for re-entry to the U.S. once approved.

Remember to always stay current with USCIS regulations and maintain communication with your employer’s immigration attorney or your personal immigration counsel during such transitional phases. Failure to maintain legal status can have long-term consequences for your ability to remain in or return to the United States in the future.

How does changing employers affect my H1B visa or green card application if I’ve already started the process with my current company?

Changing Employers with an H1B Visa:

If you’re on an H1B visa and have begun the process with your current employer, switching to a new employer could affect your status depending on the stage of your application:

1. H1B Transfer:
   • Your new employer will need to file a new Form I-129, Petition for a Nonimmigrant Worker, on your behalf.
   • You do not have to wait for the petition to be approved to start working for the new employer, thanks to the H1B portability rule (as long as the new petition is filed before your current H1B expires).
   • Make sure to maintain lawful status by filing the petition on time and not violating any H1B visa terms.

   Further details on H1B transfers can be found on the USCIS website: USCIS H1B

Changing Employers During Green Card Application:

The impact on your green card application depends on which step you are at in the process:

1. PERM/Labor Certification Stage:
   • If you change employers, the new employer must start the labor certification process from scratch since PERM is employer-specific.
2. I-140, Immigrant Petition for Alien Worker Stage:
   • If your I-140 petition has been approved and your green card priority date is not current (meaning you’re waiting for a visa to become available), you may be able to change jobs under the American Competitiveness in the Twenty-first Century Act (AC21) as long as the new job is in the same or similar occupational classification.
   • If you change jobs before the I-140 approval or before 180 days have passed since filing, the approval could be revoked, and you might have to restart the process.
3. Adjustment of Status (I-485) Stage:
   • If your I-485 application has been pending for more than 180 days, you can change employers without affecting the application as long as the new job is in the same or similar occupational classification (under the AC21 portability rule).

   Here’s the official guidance link for your reference: USCIS AC21

Always consult with an immigration attorney before making employment changes to ensure that your particular situation is taken into account and any potential risks are mitigated.

What should I do if my company agrees to sponsor my H1B but not a green card due to the higher costs and complexity involved?

If your company agrees to sponsor your H-1B visa but not a green card due to the associated higher costs and complexity, here are some steps you can consider:

1. Understand the H-1B Visa: Firstly, secure your H-1B visa which allows you to work in the U.S. An H-1B is a non-immigrant visa and is initially valid for three years but can be extended for a total of six years. This can give you time to work in the United States and potentially find an alternate path to a green card. Make sure to stay compliant with all H-1B visa regulations during your employment. For official information about H-1B visas, you can visit the U.S. Citizenship and Immigration Services (USCIS) H-1B webpage: USCIS – H-1B Specialty Occupations.

2. Explore Alternative Green Card Paths: Even if your current employer is not willing to sponsor a green card, there are other avenues you can explore. You may:

   • Look for a new employer who is willing to sponsor a green card in the future.
   • Consider self-petitioning options if you qualify for a Green Card through the EB-1A for individuals of extraordinary ability or EB-2 National Interest Waiver, if applicable. More information can be found on the USCIS website: USCIS – Green Card Eligibility Categories.
   • Pursue a green card through family sponsorship if you have immediate relatives who are U.S. citizens or permanent residents.
   • Enter the Diversity Visa Lottery if eligible, which is a program that provides a limited number of green cards annually through a random selection. See here: US Department of State – Diversity Visa Program.
3. Consider Legal Advice: Immigration laws can be complex, and strategies can change based on your personal circumstances, the evolving legal landscape, and changing immigration policies. Consider consulting with an immigration attorney who can provide personalized legal advice on your options for acquiring a green card. They can guide you on the best steps forward based on your professional background, qualifications, and current immigration status.

Remember, your immigration journey doesn’t necessarily end with your H-1B visa. Even if your current employer doesn’t sponsor a green card, there are other pathways to achieving permanent residency in the United States.

Learn Today:

Glossary of Immigration Terminology

H1B Visa: A non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. It provides legal status to work and live in the U.S. for a finite period, with potential for extensions or a change of status.

Green Card: Also known as lawful permanent residency, a green card allows individuals to stay and work permanently in the United States. Unlike the H1B visa, it grants immigrant status and does not require renewing once obtained.

STEM OPT: Optional Practical Training (OPT) is a program that allows F1 students with degrees in science, technology, engineering, and mathematics (STEM) to work in the U.S. for up to 36 months after completing their degree. It provides practical training and work experience related to the student’s field of study.

Sponsorship: The act of an employer supporting and assisting an employee in obtaining a visa or green card. In the context of immigration, sponsorship refers to an employer’s willingness to vouch for an employee, financially support their immigration application, and provide employment.

Specialty Occupation: A job that requires specialized knowledge and a minimum of a bachelor’s degree (or an equivalent combination of education and experience). The H1B visa is specifically designed for individuals working in specialty occupations.

Legal Permanent Resident: A person who has been granted authorization to live and work permanently in the United States. A legal permanent resident, also known as a green card holder, is not a U.S. citizen but has the right to live and work in the country indefinitely.

Immigrant Intent: The intention or purpose to permanently reside in the United States. When applying for certain non-immigrant visas, such as the F1 student visa, it is important to demonstrate that one has no intentions of immigrating to the U.S. as these visas are intended for temporary stays.

Non-Immigrant Visa: A visa issued to individuals who wish to visit, study, work, or engage in specific activities in the United States for a temporary period. Non-immigrant visas have a limited duration and require the holder to maintain a residence in their home country.

Renewal: The process of extending the validity of a visa, allowing the individual to remain legally in the United States beyond the initial authorized period. Renewal typically involves submitting an application to the appropriate immigration authorities before the visa expires.

Visa Lottery: The random selection process used to allocate available H1B visas when the number of applications exceeds the annual quota. Applicants are chosen through a computer-generated lottery system, and those selected have the opportunity to proceed with their H1B visa applications.

United States Citizenship and Immigration Services (USCIS): The government agency responsible for overseeing and administering immigration and naturalization processes in the United States. The USCIS is responsible for processing visa applications, granting lawful permanent residency (green cards), and managing immigration benefits and services.

So, whether you decide to go for the H1B visa, the green card, or pursue both, remember to do your research, consult with experts, and consider your long-term goals. It’s a big decision that will shape your future in the US. And if you want to dive deeper into the nitty-gritty details of the H1B and green card process, visit visaverge.com for more helpful information and resources. Good luck on your immigration journey!

This Article in a Nutshell:

Navigating the H1B and Green Card process? If your employer is willing to sponsor you, understand the H1B visa offers temporary work and legal stay while the Green Card offers permanent residency. Consider your long-term goals, research, and consult an immigration lawyer before deciding.