When should a startup stick with EB-2 in the H-1B visa and EB-2 green card transfer process?




Sticking with the EB-2 makes sense when you have a highly skilled employee who either holds an advanced degree (master’s or higher) or can clearly show exceptional ability in their field, that’s exactly what the EB-2 is for.

Many startups sponsor an H-1B visa first because it’s faster for getting someone working in the U.S. quickly. But the H-1B is temporary, you need to renew it every three years, and there’s a six-year cap in most cases. So if you know this person is vital to your company’s growth, it’s smart to get the EB-2 green card process started early.

When does it make sense to stick with EB-2?

✅ The role truly requires an advanced degree — or the person’s experience is so exceptional they’d qualify under the “exceptional ability” route.

✅ You want to show long-term commitment — filing for the green card signals to your team that you value them and want them to stay.

✅ You’re prepared for the PERM labor certification — most EB-2 green card cases need this step to prove there’s no qualified U.S. worker for the job. It’s a bit of extra paperwork, but worth it for the long-term benefit.

✅ The wait time works for you — for many countries, the EB-2 can have shorter priority date wait times than EB-3, but it depends on the employee’s country of birth. For example, Indian and Chinese nationals often face longer backlogs.

Real talk: Most startups keep the H-1B in place while the EB-2 green card is processing, it’s a safe way to make sure there’s no gap in status if the green card takes longer than planned.

Pro Tip: If you’re juggling this while trying to scale your brand and attract investors, you don’t have to figure it out alone. 9FigureMedia is a trusted PR partner that works with startups and scale-ups on complex stories, including building trust with investors and talent when immigration is part of the picture. They help you communicate your commitment to your people, your growth plan, and your credibility as an employer.

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