EAD vs H-1B: All You Need to Know to Make the Decision
Must-Know Update
Breaking Immigration News: Former President Trump has proposed a $100,000 fee for new H-1B petitions. Understanding the exclusions and strategies to navigate this proposal is critical for foreign professionals and U.S. employers alike.
At Green Card Link, its immigration attorneys are closely monitoring these developments to help clients prepare for possible changes in the H-1B process.
Understanding the EAD and H-1B
The Employment Authorization Document (EAD) and the H-1B visa are two very different pathways to work in the United States. An EAD is flexible work authorization available to certain non-immigrant visa holders, while the H-1B is a job-specific visa tied to a sponsoring employer and specialty occupation.
Globally, the U.S. remains one of the most sought-after destinations for skilled workers. Choosing between an EAD and an H-1B can shape your career trajectory and immigration future. Below, Green Card Link explains the pros and cons of the EAD vs. H-1B, helping you make an informed decision.
H-1B Visa Overview
The H-1B visa is a non-immigrant visa that allows foreign workers in specialty occupations to work for a specific employer in the U.S. One of its most notable features is dual intent—meaning H-1B holders may pursue a green card while maintaining their non-immigrant status.
H-1B Advantages
- Valid for up to six years (initial three years plus possible extension)
- Open to a wide range of specialized fields
- Spouses and dependents can join on H-4 status (and some may qualify for work authorization)
- Filing fees are paid by the employer, not the beneficiary
- Standard processing time is 3–4 months, with the option for premium processing in 15 business days
- Provides a path to permanent residency through sponsorship
H-1B Disadvantages
- Subject to the annual lottery cap for most applicants
- Requires a job in a specialty occupation
- Applicants must hold at least a bachelor’s degree (or equivalent work experience)
- The process is more complex than applying for an EAD
EAD Overview
The Employment Authorization Document (EAD) is not tied to one employer. Instead, it grants foreign nationals with certain immigration statuses the flexibility to work for any U.S. employer.
EAD Advantages
- Valid for up to five years in some cases
- Simple application with just Form I-765
- Not restricted by an annual lottery or cap
- No specialty occupation or degree requirement
- Processing time is generally 2–3 months, with expedited options available
EAD Disadvantages
- Only available in specific immigration categories (such as pending adjustment of status)
- Filing fees are the beneficiary’s responsibility
- Does not automatically extend work authorization to dependents
H-4 EAD vs. H-1B: Which Is Better?
Many spouses of H-1B visa holders qualify for an H-4 EAD, but eligibility depends on whether the H-1B spouse:
- Has an approved Form I-140 (Immigrant Petition for Alien Worker), or
- Has received an H-1B extension beyond six years due to a pending PERM or I-140.
Advantages of H-4 EAD
- Lower overall cost compared to the H-1B process
- No prevailing wage requirement
- Flexible for career breaks or job changes
- No restrictions on job type or salary
Advantages of H-1B Over H-4 EAD
- Independent of a spouse’s visa status
- Allows continued employment while extensions are pending
- Provides dual-intent benefits for pursuing a green card
Should You Switch from H-1B to EAD?
Switching from H-1B to EAD may be beneficial if you want freedom from employer sponsorship and the flexibility to work for any U.S. employer. However, using EAD while holding an H-1B may terminate your H-1B status. Each option has long-term consequences, and the best choice depends on your immigration goals.
At Green Card Link, its immigration attorneys provide personalized guidance to help you evaluate whether transitioning between H-1B and EAD aligns with your path toward permanent residency.
Do You Need Both H-1B and EAD?
- If you already have an H-1B visa, you do not need an EAD.
- If you already hold an EAD, you do not need to apply for an H-1B—unless you want the dual-intent benefits of the H-1B.
Because these decisions involve legal nuances, consulting with an immigration attorney at Green Card Link can help you avoid missteps that could affect your status.
Final Thoughts
Both the EAD and H-1B visa offer distinct advantages and limitations. The right choice depends on your background, career goals, and long-term immigration plans. Whether you are considering an H-1B petition, an H-4 EAD, or transitioning from one status to another, Green Card Link is here to provide the expert legal support you need.
The H-1B Lottery: What You Need to Know
When comparing the H-1B visa with an Employment Authorization Document (EAD), one of the biggest hurdles to overcome is the H-1B lottery. Each year, the U.S. Citizenship and Immigration Services (USCIS) receives far more H-1B registrations than the available slots. With only 85,000 visas available under the annual cap, and hundreds of thousands of applicants competing, the odds of selection can be quite low.
Master’s Cap Advantage
Applicants with a U.S. master’s degree or higher benefit from the master’s cap, which reserves 20,000 of the 85,000 slots specifically for advanced degree holders. If your petition is not selected in the regular lottery, it will automatically be re-entered into the master’s cap, giving you a second chance at selection—the only way to increase your odds.
Registration and Petition Filing
The H-1B lottery registration period typically opens in early March. If selected, your employer has a 90-day filing window beginning April 1st to submit the H-1B petition on your behalf.
Validity and Extensions
An approved H-1B visa allows you to begin employment on or after October 1st of that year. Initially, it is valid for three years, with the possibility of extending up to six years in total.
If you’ve been selected in the H-1B visa lottery, you should contact immigration attorneys at Green Card Link to ensure your petition is filed correctly and on time.
H-1B Visa Fees
The H-1B visa carries higher costs compared to other nonimmigrant visas or an EAD card. Below is a breakdown of the main fees:
Fee | Amount | Responsibility |
H-1B Proclamation Fee | $100,000 | Employer |
Lottery Registration Fee | $215 | Employer |
I-129 Petition Filing Fee | $780 ($460 for small employers/nonprofits) | Employer |
Public Law 114-113 Fee (50+ employees) | $4,000 | Employer |
Premium Processing (optional) | $2,805 | Employer or Employee |
USCIS Anti-Fraud Fee | $750 (≤25 employees) / $1,500 (>25 employees) | Employer |
ACWIA Education & Training Fee | $500 | Employer |
Asylum Program Fee | $600 (26+ employees) / $300 (≤25 employees) / $0 (nonprofits) | Employer |
Attorney Fee | Variable | Employer |
⚠️ A presidential proclamation has introduced a $100,000 fee for new H-1B petitions. While certain exemptions may apply, this change could significantly affect both employers and foreign professionals.
By law, employers—not employees—are responsible for covering all H-1B fees, which is a key distinction compared to the EAD card process.
For comparison, the EAD application fee is $470 for online filing or $520 for paper filing.
H-1B Processing Times
Standard processing for an H-1B petition (Form I-129) usually takes 3 to 4 months. Premium processing can shorten this timeline to 15 business days, though you still cannot begin work until October 1st due to the annual cap.
However, if your job is cap-exempt, premium processing can help you begin much sooner.
What is an EAD?
The Employment Authorization Document (EAD)—commonly referred to as a “work permit”—allows eligible noncitizens to work legally in the United States while maintaining their immigration status. Issued in the form of a plastic card, the EAD typically remains valid for two years (though duration varies by case).
Who Qualifies for an EAD?
Individuals who may qualify include:
- Refugees, asylees, and TPS recipients (including their dependents/spouses)
- F-1 students pursuing Optional Practical Training (OPT)
- M-1 students in practical training programs
- Applicants with pending adjustment of status (green card applicants)
- J-1 students and their spouses
- DACA recipients
- H-4 spouses of H-1B holders
Who Does Not Need or Qualify for an EAD?
- Nonimmigrant visa holders with automatic work authorization (e.g., L-1, O-1, H-1B)
- Lawful permanent residents (green card holders)
- Spouses of most nonimmigrant visa holders (except H-4 spouses)
- Visitors on B-1/B-2 visas
- Crew members in transit (C-1/D visas)
- Students not participating in OPT or training programs
Applying for an EAD
To apply, you must file Form I-765, Application for Employment Authorization, along with the appropriate fee:
- $470 for online filing
- $520 for paper filing
Processing generally takes 2–3 months, though times vary depending on USCIS caseload.
H-4 EAD
Spouses of H-1B visa holders may also qualify for an H-4 EAD, which allows them to work in the U.S. Learn more in our detailed H-4 EAD FAQs.
Key Takeaways: H-1B vs. EAD
- The H-1B visa offers a path to long-term employment and potential green card sponsorship but requires navigating the lottery system, higher costs, and longer wait times.
- The EAD card is more accessible for certain categories, less costly, and faster to process, but it depends entirely on your underlying immigration status.
If you are eligible for both, the decision depends on your long-term immigration goals. Consulting with immigration attorneys at Green Card Link can help you choose the right option for your career and residency plans.
Green Card Link Can Help You Decide
Choosing between an EAD card and an H-1B visa is a decision that can significantly impact your future in the United States. At Green Card Link, its immigration attorneys have guided thousands of applicants through successful cases, helping them navigate USCIS procedures with confidence.