Differences between EAD and H-1B
EAD vs. H-1B[edit]
An Employment Authorization Document (EAD) and an H-1B visa are both mechanisms that permit foreign nationals to work in the United States, but they differ fundamentally in their nature and scope.[1][2] The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations.[3][2] In contrast, an EAD is a work permit issued by U.S. Citizenship and Immigration Services (USCIS) that provides employment authorization to non-citizens who are already in the U.S. under a specific immigration status.[2][4]
The H-1B visa is tied to a specific employer and a particular job that requires a specialized body of knowledge, typically demonstrated by at least a bachelor's degree or its equivalent.[5] Employers must sponsor the H-1B applicant and file a petition on their behalf. Conversely, an EAD is not tied to a specific employer, allowing the holder to work for any employer in the United States. Eligibility for an EAD is not based on a specific job offer but on the individual's underlying immigration category, such as being an asylum applicant, the spouse of certain visa holders (like H-1B or L-1), or having a pending green card application.
An H-1B visa is generally granted for an initial period of three years and can be extended for a maximum of six years.[3] EADs, however, are typically valid for one to two years and require renewal to maintain work authorization. The H-1B visa program is also subject to an annual cap on the number of new visas issued, making it a competitive process often decided by a lottery system.[3] There is no such annual cap for EADs. Both can serve as steps toward permanent residency, though the H-1B is considered a dual-intent visa, meaning holders can legally pursue a green card while maintaining their temporary worker status.[1]
Comparison Table[edit]
| Category | Employment Authorization Document (EAD) | H-1B Visa |
|---|---|---|
| Primary Purpose | Provides work authorization for individuals in specific immigration categories already in the U.S.[4] | Allows U.S. employers to hire foreign professionals for specialty occupations.[2] |
| Employer Specificity | Not tied to a specific employer; allows for open-market employment. | Tied to a specific sponsoring employer and job.[5] |
| Eligibility Basis | Based on an individual's specific immigration status (e.g., asylum seeker, spouse of a visa holder, pending green card). | Requires a job offer in a "specialty occupation" and at least a bachelor's degree or equivalent.[5] |
| Sponsorship | No employer sponsorship is required. | Employer sponsorship and petition filing are mandatory. |
| Annual Cap | Not subject to an annual numerical limit. | Subject to an annual cap, often resulting in a lottery for new applicants.[3] |
| Duration and Renewal | Typically valid for one to two years and must be renewed. | Initially valid for up to three years, extendable to a maximum of six years.[2] |
| Flexibility | Holder can change jobs without needing a new application, as long as the EAD is valid. | Changing employers requires a new H-1B petition to be filed by the new employer.[5] |
| Path to Permanent Residency | Often obtained as part of the green card application process (adjustment of status). | Is a dual-intent visa, allowing the holder to simultaneously seek permanent residency.[1] |
See also[edit]
- Visa (document)
- Green card
- United States Citizenship and Immigration Services
References[edit]
- ↑ 1.0 1.1 1.2 "immi-usa.com". Retrieved November 28, 2025.
- ↑ 2.0 2.1 2.2 2.3 2.4 "imwong.com". Retrieved November 28, 2025.
- ↑ 3.0 3.1 3.2 3.3 "vajiramandravi.com". Retrieved November 28, 2025.
- ↑ 4.0 4.1 "n400immigration.com". Retrieved November 28, 2025.
- ↑ 5.0 5.1 5.2 5.3 "berkeley.edu". Retrieved November 28, 2025.
