Can I get an EB-1 green card while on H-1B?

Yes. Holding an H-1B does not prevent you from pursuing a green card through the EB-1 category at the same time. This is possible because H-1B allows dual intent: maintaining a work visa and seeking permanent residence are not incompatible goals.

EB-1 is a first preference category aimed at high-achieving profiles, and it generally covers three groups: individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives or managers. Each group has its own requirements, and the key is to demonstrate, with strong documentation, that your profile qualifies.

• Extraordinary ability: evidence of recognition and relevant contributions in your field.
• Professors and researchers: a distinguished academic or scientific track record.
• Multinational executives and managers: a history of managerial responsibility inside and outside the U.S.

Keeping the H-1B active throughout the process is entirely legitimate, but every case has its nuances. It is worth evaluating your eligibility with a specialist and checking updated requirements at the official source (USCIS) before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.