H-1B vs Green Card: Nonimmigrant Visa or Permanent Path?

“I got my H-1B — now when do I get the green card?” It’s the question every new H-1B holder eventually asks, and the honest answer is that the two are separate machines. The h1b vs green card comparison is really nonimmigrant status versus permanent residence: one lets you work today, the other takes years of queue-watching. This guide separates them and explains how they connect, using only documented figures.

H-1B: the nonimmigrant work visa

The H-1B is a nonimmigrant visa for specialty occupations requiring at least a bachelor’s degree. By statute the annual cap is 65,000 visas plus a 20,000master’s-degree exemption. Because demand has long exceeded the cap, USCIS has run anelectronic registration lottery since FY2021. The H-1B is temporary status, not a green card by itself.

The employment green card: the permanent path

The employment-based (EB) categories are EB1 through EB5. By statute, EB1 (extraordinary ability / multinational executives) needs no PERM; EB2 covers advanced degrees or the NIW; EB3 covers skilled workers and professionals (PERM required); and EB5 is the investor category. The annual employment-based limit is about 140,000 visas, with a 7%per-country cap that produces the China and India backlogs.

Status vs. permanent residence

H-1B cap and lottery figures are documented USCIS statutory facts. Green card limits are statutory. Bars scaled to the ~140,000 annual EB limit.

How the two connect

For most professionals, the H-1B is the bridge. Because H-1B permits dual intent, you can hold H-1B status while an employer pursues a green card on your behalf. The green card process typically starts with a PERM labor certification (for EB2/EB3) or a direct I-140 (EB1 or NIW), and your priority date then advances in the Visa Bulletin. The H-1B keeps you working and in status while that queue moves.

Where the wait shows up

Winning the H-1B lottery does not create a green card priority date — that comes later from the PERM/I-140 step. The wait you feel as a China or India applicant is the Visa Bulletin cutoff, not the H-1B itself. For example, in August 2026, India EB2 was Unavailable while India EB3 sat at 01JAN14, and China EB2 was at 01SEP21. Those are the numbers that decide how long the green-card portion takes once your H-1B employment sponsorship begins.

Which do you need?

You generally need the H-1B first to work in the U.S. in a specialty occupation, then pursue the green card for permanent residence. Plan both: secure H-1B status through the lottery, then begin the green card case early, because the priority-date queue — not the H-1B — is what decides your real wait.