Australian work visas vs the US H1b &Eb1.

With all the political drama around the H1b drama in the US, it is interesting to look at the visas that Australia offers to workers.

Let’s take a closer look at the H-1B visa in the USA and the Skills in Demand (SID) visa in Australia, highlighting their key features and differences.

Then we will look at the Eb1 Visa vs the National Innovation Visa, both of which are trying to attract world class talent.

H-1B Visa (USA)

Comparing the H-1B Visa (USA) and the Skills in Demand (SID) Visa (Australia)

1. Purpose: Allows U.S. companies to employ foreign workers in specialty occupations.
2. Duration: Up to 3 years, extendable to 6 years.
3. Eligibility:
   • Requires a job offer from a U.S. employer.
   • Must have a bachelor’s degree or higher in the specific specialty.
4. Pathway to Permanent Residence: H-1B visa holders can apply for a Green Card.
5. Quota: Annual cap of 85,000 visas (65,000 regular cap and 20,000 for advanced degree holders).

Skills in Demand (SID) Visa (Australia)

1. Purpose: Addresses workforce needs by allowing skilled workers to work in Australia.
2. Duration: Up to 4 years.
3. Eligibility:
   • Requires a job offer from an Australian employer.
   • Must have one year of work experience in the nominated occupation or related field.
4. Pathway to Permanent Residence: SID visa holders have a clear pathway to permanent residence.
5. Streams:
   • Core Skills Stream: For occupations on the Core Skills Occupation List (CSOL).
   • Specialist Skills Stream: For highly skilled migrants earning at least AUD135,000.
   • Labour Agreement Stream: Will be replaced by an Essential Skills stream.

Comparing the H-1B Visa (USA) and the Skills in Demand (SID) Visa (Australia)

Differing from Australia’s visas, the employer doesn’t have to be in an industry where there is a shortage and this is where some controversy sits. US born employees in industries such as tech can be replaced by migrant workers at the whim of a company.

Both countries also have possibilities for exceptional talent who they believe can contribute to innovation and the economy.

National Innovation Visa (Australia)

The National Innovation Visa (NIV) formerly the Global Talent Visa (subclass 858) and aims to attract exceptionally talented individuals who can drive innovation and contribute to critical industries in Australia. Here are the key features of the NIV:

1. Purpose: Attracts top-tier talent to drive innovation and contribute to critical industries.
2. Eligibility:
   • Requires an internationally recognized record of exceptional and outstanding achievement.
   • Targets various fields such as professions, sports, arts, academia, and research.

EB-1 VIsa

The USA does not have a a direct equivalent to Australia’s NIV visa. The closest comparison would be the EB-1 Visa which is designed for individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers. This was Elon Musk’s visa classification.

1. Purpose: Attracts individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers.
2. Eligibility:
   • Extraordinary ability: Demonstrated through sustained national or international acclaim.
   • Outstanding professors and researchers: Recognized internationally for their achievements in a specific academic field.
   • Multinational executives and managers: Must have been employed outside the U.S. in a managerial or executive capacity for at least one year in the three years preceding the application.
3. Pathway to Permanent Residence: EB-1 visa holders can apply for a Green Card.
4. No Quota: Unlike the H-1B visa, the EB-1 visa does not have an annual cap.

While the EB-1 visa focuses on individuals with extraordinary abilities and achievements, the NIV targets a broader range of high-calibre talent, including researchers, entrepreneurs, and innovators. Both visas aim to attract top-tier talent to drive innovation and contribute to critical industries.