Can I have an EB-1 green card with H-1B?

It is important to clarify that, yes, it is possible to maintain H-1B status while pursuing permanent residency through the EB-1 category, provided that you meet the specific criteria established for this classification. In general terms, the H-1B visa was designed for professionals in specialty occupations, and thanks to the United States” dual intent policy, being in this status does not prevent you from also seeking a green card.

The EB-1 category is intended for individuals with extraordinary abilities, outstanding professors and researchers, or multinational executives and managers-each with distinct requirements that must be proven. In the case of applying for EB-1, it is essential that H-1B applicants demonstrate, through robust documentation, that their achievements comply with the demands of this classification.

For candidates under EB-1A, for example, proof of international recognition, awards, and significant contributions in the field can be decisive. For EB-1C, the professional history involving managerial responsibilities both abroad and in the United States is the main focus. Thus, each situation has its particularities, and success in the process depends on gathering evidence that strengthens your eligibility.

It is also worth emphasizing that, although it is perfectly legal to maintain your H-1B status while you wait for or even during the green card processing, it is essential to strictly follow United States immigration laws. Whenever possible, it is recommended to seek guidance from specialized and well-qualified immigration professionals-but remember to avoid proposals that promise miracle solutions or guaranteed results, as such approaches may not follow formal procedures or provide adequate support.

Finally, each case has its particularities and requirements may vary according to professional profile and evidence presented. Therefore, staying well informed and complying with current regulations is a fundamental step to avoid complications in the process. Remember that seeking information and guidance from reliable sources can make all the difference in the successful conduction of your immigration journey.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.