How to Stay in the US Beyond H-1B
- Investor Visas PC
- Sep 26
- 3 min read
Updated: Sep 30
There are two big families of options when you want to stay in the U.S. past H-1B: green card categories (called EB, short for Employment-Based) and temporary work visas (like O-1 or E-2).
EB = Employment-Based.
Below, each option explains who it was created for, what it provides for you and your family, what it requires, how the process works, and who is responsible (you, your employer, or your attorney).
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E-2 — Treaty Investor Temporary Work Visa
Who it was created for: Nationals of E2 treaty countries who invest in and actively run a real U.S. business. (Note: India and China are not treaty countries, unless you have a second, treaty-country passport.)
What it gives your family: Your spouse can work for any employer; kids can study (no work).
Core requirements: Substantial at-risk investment; at least 50% ownership or control; business is active and not “marginal.”
Who does what:
You: Invest, own/control, run the company, and document the source of funds.
Employer: Not applicable—you are the owner.
Attorney: Guides business plan standards, structure, and filings.
Good to know: Does not directly give a green card, but it’s a long-term, renewable way to live and work in the U.S. while building a case for EB later.
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O-1 — Temporary Work Visa for Extraordinary Ability
Who it was created for: Individuals with extraordinary ability in sciences, business, education, arts, and film/TV.
What it gives your family: Spouse/kids get O-3 (they can study; spouse cannot work).
Core requirements: Strong evidence of major accomplishments (awards, press, patents, leadership roles, critical contributions, expert letters).
Who does what:
Employer/Agent: Acts as the petitioner; supplies contracts/itinerary.
You: Provide the evidence and references.
Attorney: Curates evidence, drafts the petition, and often uses premium processing.
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EB-3 — Employment-Based Third Preference
Who it was created for: Skilled workers, professionals, and some other workers in roles that don’t require EB-2-level qualifications.
Family benefits: Same as EB-2—green cards for spouse/kids; free to work/study.
Core requirements: Qualified job offer; minimum education/experience for the EB-3 category.
Who pays what: Employer must cover PERM recruitment/legal; I-485, usually you/family.
Timeline: Similar to EB-2; movement depends on the Visa Bulletin.
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EB-2 — Employment-Based Second Preference
Who it was created for: Professionals with advanced degrees (master’s or bachelor’s + 5 yrs) or exceptional ability.
EB-2 (PERM route) — employer-sponsored
Who it’s for: Most H-1B professionals whose jobs need advanced degrees/skills.
Family benefits: Green cards for spouse/kids; full freedom to work/study.
Core requirements: A permanent job offer in a role requiring EB-2-level qualifications.
Who pays what: By law, the employer must pay all PERM recruitment and related legal costs. I-140 and attorney fees are typically the employer's; I-485 fees are usually yours (and family’s).
Who does what:
Employer: Runs & pays PERM recruitment; signs forms; files I-140.
You: Provide diplomas, experience letters, a resume, and immigration history.
Attorney: Designs PERM strategy, drafts ads, files everything correctly.
Timeline tips: PERM is the slowest step; I-140 can be premium processed. Total time depends on the Visa Bulletin.
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EB-1 — Employment-Based First Preference
Who it was created for: People at the very top of their field (extraordinary ability), outstanding researchers/professors, and multinational executives/managers.
EB-1A (Extraordinary Ability) — self-petition
Who it’s for: High-impact achievers with sustained recognition (major awards, influential publications/citations, patents in use, national press, industry leadership).
What it gives your family: Green cards for spouse and kids; everyone can work and study freely.
Core requirements: Show you’re among a small percentage at the top of your field with sustained acclaim. No job offer or employer needed.
Who does what:
You: Gather evidence (awards, press, citations, patents, leadership, letters).
Employer: Not required.
Attorney: Crafts the narrative and evidence, prepares filings, and handles strategy.
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EB-2 NIW (National Interest Waiver) — self-petition
Who it was created for: People whose work has national importance and who are well-positioned to advance it, so the U.S. waives the job offer and PERM.
Family benefits: Same green-card path for spouse/kids.
Core requirements: A clear U.S.-impact plan, evidence of past results, and why it helps the nation (economy, health, security, infrastructure, innovation, etc.).
Who does what:
You: Provide project plan, impact metrics, expert letters.
Employer: Optional support letters help, but aren’t required.
Attorney: Shapes the strategy and evidence to meet the NIW prongs.
Why H-1Bs love it: No PERM; can run in parallel with employer PERM to hedge risk.
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Your next steps
Bring your resume, degrees/experience letters, and any awards/press/patents/metrics.
Ask your employer about PERM sponsorship and timelines.
With your attorney, choose a primary and a backup path that protects your work authorization now and moves you to a green card soonest.
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