H1B to Green Card Process Eb3 Eb-2 Eb1

When navigating the complex process of transitioning from an H-1B visa to a Green Card, it is crucial to rely on authoritative resources. This includes guidance from U.S. Citizenship and Immigration Services (USCIS) to ensure all information is accurate and compliant with immigration laws.

Introduction

Transitioning from an H-1B visa to a Green Card is a major goal for many professionals working in the U.S. A Green Card grants permanent residency, providing greater job mobility, stability, and a pathway to U.S. citizenship. The process can be complex, involving employer sponsorship, self-petition options, and long wait times, depending on your country of birth and employment category.

In this guide, we will cover step-by-step instructions for each employment-based Green Card category, including:

• EB-3: Skilled workers and professionals
• EB-2: Advanced degree professionals and exceptional ability
• EB-1: Extraordinary ability, outstanding professors/researchers, and multinational executives
• EB-5: Investor Green Card
• Self-sponsored routes: EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver)

We will include flowcharts, comparison tables, real-world case studies, and links to authoritative resources such as USCIS to help you understand each step clearly.

Comparison of H‑1B to Green Card Options

Each path has its pros and cons. Below is a side-by-side comparison of key factors for the main EB categories discussed:

Green Card Path	Sponsor Required?	PERM Labor Cert?	Who Qualifies	Processing Time (est.)	Costs & Investment
EB-3 (Employer)	Yes – U.S. employer	Yes – PERM required​	Skilled workers (2+ yrs experience), professionals (Bachelor’s)​ Common for H‑1Bs in entry/mid-level roles.	2–5 years if not backlogged​ Can exceed 10 years for India/China​ .	Employer typically pays PERM costs. You/Employer pay I-140 ($715)​ + I-485 ($1,440)​ . Premium opt. ($2.805). Attorney fees ~$5K-$10K (varies).
EB-2 (Employer)	Yes	Yes – PERM required	Advanced degree (Master’s or higher) or Bachelor’s +5 yrs​ . Exceptional ability also qualifies. H‑1Bs with higher education often use this.	2–5 years if not backlogged (EB-2 moves slightly faster than EB-3)​ . India EB-2 can be 10+ years.	Similar to EB-3: PERM recruitment costs; I-140 fee $715; I-485 $1.440 Premium available. Possibly higher attorney fees for complex cases.
EB-1A (Extraordinary)	No – self-petition	No	“One of the small percentage at the top of your field.” Must meet 3 of 10 criteria (publications, awards, etc.)​ . Examples: renowned researchers, tech innovators, artists, athletes​	≈1–2 years. I-140 in 15 days (premium) if strong case. Generally current priority date for all countries, so just I-485 processing time​	I-140 $715 + $2,805 premium (optional)​ . I-485 $1,440. No recruitment cost. Attorney fees can be higher (preparing extensive evidence).
EB-2 NIW (Self-petition)	No – self-petition	No	Advanced degree or exceptional ability and work in the national interest (Dhanasar 3-prong test)​ E.g. researchers, entrepreneurs, public sector professionals.	≈1.5–3 years if not backlogged. I-140 ~1-2 months with premium​ .Visa wait same as EB-2: current for many, backlog for India/China.	I-140 $715 (+$2,805 premium)​ . I-485 $1,440. No PERM costs. Attorney fees vary (~$5K+).
EB-5 Investor	No – invest $$	No	Investors who can invest $800k–$1.05M and create 10 U.S. jobs​ . No degree or experience requirements – all about $$ and project feasibility.	≈3–5 years total. I-526 ~1-2+ years​ then conditional Green Card ~1 year; conditions removed after ~2 years (I-829 ~1 year)​ Times improving with new USCIS processes​	Huge investment: $800k or $1.05M at risk​ uscis.gov . Plus ~$50K+ in filing (I-526 ~$3.7 and admin fees. Attorney fees often $15K+. Potential return on investment is uncertain.

Notes: “Processing Time” above is from start to green card issuance (conditional for EB-5). Times are estimates and can vary widely based on USCIS workload, country quotas, and individual case complexity. Always check the latest USCIS Processing Times and the Visa Bulletin​

Challenges for Foreign Nationals: Foreign nationals often face significant challenges in transitioning from H-1B to Green Card, including navigating the green card backlog and understanding the dual intent provision of immigration law.

Leverage Your H‑1B Dual Intent: Unlike F-1 or J-1 visas, H‑1B allows you to pursue permanent residency without jeopardy​

Use this to your advantage – you can start the green card process on day one of H‑1B if you want. There’s no need to wait years if you’re ready and eligible. Early filing means a higher priority date which can save you time later.

Plan for H‑1B Extensions: If you suspect your process will take longer than your remaining H‑1B time, plan to extend your H‑1B. As noted, approved I-140 (or 365-day pending PERM) gives you extension eligibility beyond 6 years. Also, if you file I-485 and it’s pending >180 days, you might switch jobs with a same/similar role – this is called AC21 portability​

Discuss timing with your attorney to ensure you maintain status throughout.

Use EAD/AP Wisely: After filing I-485, you’ll get an Employment Authorization Document (EAD) and Advance Parole (AP). This combo lets you work for any employer and re-enter the U.S. without H‑1B stamping. It’s freeing, but note: if you use EAD to leave your H‑1B employer, you are relying entirely on the pending I-485 for status. Many choose to keep H‑1B alive as a backup until the green card is in hand, by continuing H‑1B employment or extending H‑1B even after EAD arrives. This way, if the I-485 faces issues, you have H‑1B to fall back on. It’s a personal risk decision – consult your lawyer on this strategy (often called “maintaining dual status”).

• Consider Alternatives: We focused on EB-1A, EB-2, EB-3, NIW, EB-5. Depending on your situation, there are other less common routes:
• EB-1B (Outstanding Professor/Researcher): If you’re in academia or a research role and have an employer (university or R&D company) willing to sponsor, this is an employer-sponsored EB-1 category.
• EB-1C (Multinational Manager/Executive): If you worked abroad in a managerial role for 1+ year and then on H‑1B for the U.S. affiliate, your company might sponsor you in EB-1C.
• Family-Based Green Cards: Marriage to a U.S. citizen (immediate relative) is the fastest of all, but that’s beyond the scope of this employment-focused guide.
• Diversity Visa Lottery: If you’re from an eligible country, it’s always worth a shot to enter the annual DV lottery, even as a long-term backup.

These have their own requirements, but it’s good to be aware of every possible avenue.

EB-3: Skilled Workers and Professionals

The EB-3 category is for skilled workers, professionals, and certain other workers. It requires an employer sponsor and PERM labor certification. It is generally easier to qualify for than EB-2, but processing times can be significantly longer, especially for applicants from backlogged countries like India and China.

Who Qualifies for EB-3?

EB-3 is divided into three subcategories:

1. Skilled Workers:
   • Requires at least 2 years of job experience or training.
   • The job must not be temporary or seasonal.
2. Professionals:
   • Requires a U.S. bachelor’s degree or foreign equivalent.
   • The degree must be a normal requirement for entry into the profession.
3. Other Workers (Unskilled Workers):
   • For positions that require less than two years of training or experience.
   • Processing times in this category are the longest due to high demand.

Step-by-Step EB-3 Process

Step 1: PERM Labor Certification (12–15 months)

• The employer must first obtain a labor certification from the U.S. Department of Labor (DOL).
• This requires conducting recruitment efforts to test the U.S. labor market and prove that no qualified U.S. workers are available for the job.
• Employers must obtain a prevailing wage determination from the Department of Labor before initiating the green card process, ensuring that the wage offered meets or exceeds the state wage level.
• Employers must file Form ETA-9089 with the DOL. Processing times vary, but audits can cause additional delays.

Step 2: I-140 Immigrant Petition (6–9 months, or 15 days with premium processing)

• After the PERM approval, the employer files Form I-140 with USCIS to prove that the foreign worker qualifies for the EB-3 category and that the company can pay the offered wage.
• Premium processing (15-day adjudication) is available for an additional $2,500 fee.

Step 3: Wait for Priority Date to Become Current (Varies by Country)

• The priority date is the date when the PERM application was filed. Applicants must wait until their priority date becomes current in the Visa Bulletin before proceeding to the final step.
• Backlogs for India and China can mean waits of 10+ years.

Step 4: Adjustment of Status (I-485) or Consular Processing (8–18 months)

• If inside the U.S., file Form I-485** (Adjustment of Status)** once the priority date is current.
• If outside the U.S., complete Consular Processing through the U.S. consulate.
• Once approved, the applicant becomes a lawful permanent resident and receives a Green Card.

Pros and Cons of EB-3

Pros:

✔ Easier to qualify for than EB-2 or EB-1.

✔ Available to a wide range of occupations, including those without advanced degrees.

✔ Premium processing available for the I-140 stage to speed up approval.

Cons:

✘ PERM labor certification is required, making the process longer.

✘ Significant backlogs for India and China can result in decade-long waits.

✘ Job-specific requirement – workers must remain with the sponsoring employer for the duration of the process.

Who Should Consider EB-3?

• Bachelor’s degree holders who do not qualify for EB-2.
• Skilled workers with at least 2 years of experience in a trade or industry.
• Employers who are willing to go through the labor certification process.

Case Study 1: EB-3 – Skilled Worker to Green Card

Background

• Name: Rahul
• Country of Origin: India
• Occupation: Software Developer
• H-1B Duration: 4 years
• Employer: Mid-sized IT Consulting Firm

Process

1. PERM Labor Certification:

• His employer filed for the PERM process, which was approved within 12 months.

2. I-140 Petition (Immigrant Petition for Alien Worker):

• Employer filed under EB-3 (Skilled Worker category).
• Due to his bachelor’s degree and experience, he qualified under the skilled worker classification.
• The I-140 was approved in 8 months.

3. Waiting for Priority Date:

• As an Indian national, the EB-3 backlog meant a long wait.
• His priority date took over 10 years to become current.

4. Adjustment of Status (I-485):

• Once his priority date became current, he filed the I-485 application.
• Received his employment authorization document (EAD) and Advance Parole.
• After an interview, his green card was approved.
• Consulting an immigration attorney can be crucial to navigate the complexities of the Green Card application process, especially when transitioning from an H-1B visa.

Outcome

• After a decade-long wait due to backlog, Rahul transitioned from H-1B to EB-3 and received his green card.

EB-2 NIW: National Interest Waiver

Who Qualifies for EB-2 NIW?

The EB-2 National Interest Waiver (NIW) allows individuals with advanced degrees or exceptional ability to self-petition for a Green Card if they can prove that their work is in the national interest of the United States. Understanding immigration law is crucial for successfully self-petitioning under the EB-2 NIW category.

To qualify, you must meet two main criteria:

1. Basic EB-2 Qualification:

• Hold a Master’s degree or higher, OR a Bachelor’s degree plus five years of progressive experience in your field.
• OR demonstrate exceptional ability in sciences, business, or the arts (proven through evidence such as awards, experience, recognition, and salary).

2. Meet the Three-Prong NIW Test (Dhanasar Standard):

• Substantial Merit and National Importance: Your work must be beneficial to the U.S. in areas such as healthcare, technology, environment, or security.
• Well-Positioned to Advance the Work: You must prove that you have the skills, experience, and success record to continue making contributions.
• Balance Test (Waiver of Job Offer Requirement): It must be more beneficial to waive the employer sponsorship requirement than to require a U.S. employer.

Step-by-Step EB-2 NIW Process

1. File Form I-140 with evidence of qualifications, publications, recommendation letters, and projects that impact the U.S.
2. If the priority date is current, file Form I-485 (Adjustm

   

   ent of Status) or go through consular processing.

3. Receive Green Card approval (Processing time: 1.5–3 years, faster with premium processing for I-140).

EB-1A: Extraordinary Ability

Who Qualifies for EB-1A?

EB-1A is a self-petitioned Green Card category for individuals who have risen to the top of their field in science, arts, business, education, or athletics.

Criteria for EB-1A Approval

To qualify, you must meet at least 3 out of 10 criteria, such as:

• Major internationally recognized awards (e.g., Nobel Prize, Oscar, Fields Medal).
• Published material about your work in major media or trade publications.
• Judging the work of others in your field.
• High salary relative to peers.
• Significant contributions that have impacted your industry or profession.
• Authorship of scholarly articles in professional journals.

Step-by-Step EB-1A Process

1. File Form I-140 with evidence supporting extraordinary ability.
2. Wait for priority date to become current (EB-1 usually has shorter wait times than EB-2/EB-3).
3. File Form I-485 for Adjustment of Status (if in the U.S.) or go through consular processing. After the I-140 approval, the applicant can proceed with the immigrant visa application if outside the U.S.
4. Receive Green Card approval (Processing time: 1–2 years, premium processing available).

Case Study 3: EB-1 – Extraordinary Ability (EB-1A)

Background

• Name: David
• Country of Origin: Canada
• Occupation: AI Researcher
• H-1B Duration: 2 years
• Employer: Tech Giant

Process

1. Demonstrating Extraordinary Ability:
   • Published research papers in AI.
   • Speaker at international conferences.
   • Received industry awards.
   • Significant media coverage in AI innovations.
2. I-140 Petition (Self-Petition under EB-1A):
   • Since EB-1A does not require employer sponsorship, he self-petitioned.
   • Submitted strong evidence of his work’s impact.
   • The I-140 was approved within 3 months.
3. Adjustment of Status (I-485):
   • With an EB-1 category, the priority date was current.
   • He filed I-485 concurrently with I-140.
   • Within 8 months, he received his green card without needing labor certification.

Outcome

• David obtained his green card in under 1.5 years using the EB-1A category, bypassing the labor certification process.

EB-1B: Outstanding Professors and Researchers

Who Qualifies for EB-1B?

EB-1B is for outstanding researchers and professors who:

• Have international recognition in their field.
• Have at least 3 years of teaching or research experience.
• Have a permanent job offer from a U.S. university or research institution.

EB-1B Criteria

Applicants must meet at least 2 out of 6 USCIS criteria, such as:

• Major awards or prizes for excellence.
• Published material about their work.
• Participation as a judge in their field.
• Original scientific or scholarly contributions.
• Authorship of books or articles.
• High ranking positions in professional organizations.

Step-by-Step EB-1B Process

1. Employer files Form I-140 on behalf of the professor or researcher.
2. No PERM required, making it a faster process.
3. File Form I-485 for Adjustment of Status (Processing time: 1–2 years).

EB-1C: Multinational Executives and Managers

Who Qualifies for EB-1C?

EB-1C is for executives and managers who have worked for a multinational company for at least one year and are being transferred to a U.S. office.

Key Requirements

• Must be employed in an executive or managerial role.
• U.S. employer must be a multinational company with a qualifying relationship.
• No labor certification (PERM) required.

Step-by-Step EB-1C Process

1. Employer files Form I-140.
2. File I-485 once the priority date is current.
3. Receive Green Card approval (Processing time: 1–3 years).

EB-5: The Investor Green Card

Who Qualifies for EB-5?

EB-5 is for individuals who can invest in U.S. businesses and create jobs.

Investment Requirements

• $800,000 investment in a targeted employment area (TEA) OR $1.05 million in a standard project.
• Investment must create 10 full-time jobs for U.S. workers.

Step-by-Step EB-5 Process

1. File Form I-526 (Investor Petition).
2. If approved, file I-485 or go through consular processing.
3. Receive conditional Green Card for 2 years. After the I-526 approval, the investor receives a conditional permanent resident status for two years.
4. After 2 years, file Form I-829 to remove conditions and get a permanent Green Card.

Pros and Cons of EB-5

✔ No employer sponsorship required.

✔ Can fast-track Green Card for investors.

✘ Expensive investment requirement.

✘ Job creation requirement must be proven.

Case Study 4: EB-5 – Investment-Based Green Card

Background

• Name: Wei
• Country of Origin: China
• Occupation: Entrepreneur
• H-1B Duration: 1 year
• Employer: Self-Employed Tech Startup

Process

1. Investment Requirement:
   • Invested $900,000 in a Targeted Employment Area (TEA) in the U.S.
   • Opened a tech startup focused on AI automation.
2. I-526 Petition:
   • Proved lawful source of funds.
   • Showed business plan demonstrating the creation of 10+ jobs.
   • I-526 was approved in 14 months.
3. Conditional Green Card:
   • After approval, received a conditional green card valid for two years.
4. I-829 Petition (Removing Conditions):
   • After two years, demonstrated that the business successfully created jobs.
   • I-829 petition was approved, granting him a permanent green card.

Outcome

• Wei successfully transitioned from H-1B to a green card in about 5 years through EB-5 investment.

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Comprehensive FAQ on Obtaining a Green Card While on H-1B (EB-1, EB-2, EB-3, EB-5)

General FAQs

1. Can I apply for a green card while on an H-1B visa?

Yes, an H-1B visa is a dual-intent visa, meaning you can legally pursue a green card while working in the U.S.

2. What are the main employment-based (EB) green card categories I can apply for?

You may qualify for the following employment-based green card categories:

• EB-1: For individuals with extraordinary ability, outstanding professors/researchers, or multinational executives.
• EB-2: For individuals with an advanced degree or exceptional ability (with or without a National Interest Waiver).
• EB-3: For skilled workers, professionals, or other workers.
• EB-5: For investors who invest a minimum required amount in a U.S. business that creates jobs.

3. How long does it take to get a green card while on H-1B?

Processing times vary depending on your category:

• EB-1: Usually the fastest, processing can take 1-2 years if visa numbers are available.
• EB-2: Can take 2-6+ years, depending on country of birth and priority date backlog.
• EB-3: Can take 5-10+ years for some countries like India and China.
• EB-5: Processing can take 2-5 years, depending on investment type and country of birth.

4. What is the “priority date,” and why is it important?

Your priority date is the date your employer or you (for self-petitioned categories) file the labor certification or I-140 petition. It determines your place in line for green card processing. The Visa Bulletin, published monthly, dictates when you can proceed with the final stages of your green card process.

5. Can I change employers while my green card application is pending?

Yes, but under different conditions:

• Before I-140 approval: Your employer must restart the PERM and I-140 process if you change jobs.
• After I-140 approval (180+ days) & I-485 pending: You may switch jobs in a similar occupational field under AC21 portability.

6. Why is maintaining lawful status important during the transition from H-1B to Green Card?

Maintaining lawful status is crucial to avoid complications in your green card application. If you fall out of lawful status, you may face delays or denials in your green card process. Ensure you take necessary actions, such as timely filing extensions or changes in employment status, to maintain your lawful status throughout the transition.

FAQs Specific to Each Category

EB-1 Green Card FAQs

7. What are the EB-1 subcategories, and who qualifies?

• EB-1A (Extraordinary Ability): You must demonstrate sustained national or international acclaim in your field.
• EB-1B (Outstanding Professors & Researchers): You must have international recognition, at least three years of experience, and a U.S. job offer.
• EB-1C (Multinational Executives & Managers): You must have worked for a multinational company for at least one year in an executive or managerial role.

8. Do I need a job offer for EB-1?

• EB-1A: No job offer required (self-petition is possible).
• EB-1B & EB-1C: A job offer from a U.S. employer is required.

9. Can I self-petition under EB-1?

Only under EB-1A (Extraordinary Ability). EB-1B and EB-1C require an employer sponsor.

10. Is premium processing available for EB-1?

Yes, for EB-1A and EB-1B (I-140 stage). EB-1C does not have premium processing.

11. What kind of evidence is needed for EB-1A?

You must meet at least 3 out of 10 criteria, such as awards, published materials, scholarly articles, original contributions, etc.

EB-2 Green Card FAQs

12. Who qualifies for EB-2?

• Advanced Degree Holders: Requires a master’s degree (or bachelor’s + 5 years of experience).
• Exceptional Ability: Demonstrates expertise significantly above the norm.
• National Interest Waiver (NIW): Self-petition possible if your work benefits the U.S. significantly.

13. Do I need a job offer for EB-2?

Yes, unless applying for an EB-2 NIW.

14. What is the EB-2 National Interest Waiver (NIW)?

The NIW allows you to bypass the employer sponsorship requirement if your work has substantial merit and national importance.

15. Can I upgrade from EB-3 to EB-2?

Yes, but your employer must file a new PERM and I-140 under EB-2.

EB-3 Green Card FAQs

16. Who qualifies for EB-3?

• Professionals: Jobs requiring a U.S. bachelor’s degree or foreign equivalent.
• Skilled Workers: Jobs requiring at least 2 years of experience.
• Other Workers: Jobs requiring less than 2 years of experience.

17. Is a labor certification (PERM) required for EB-3?

Yes, the employer must complete the PERM process before filing the I-140.

18. Can I switch from EB-3 to EB-2 if I gain experience?

Yes, if you meet EB-2 criteria and your employer sponsors a new PERM and I-140.

EB-5 Green Card FAQs

19. How much investment is required for EB-5?

• $1.05 million for standard investments.
• $800,000 for investments in Targeted Employment Areas (TEAs).

20. Do I have to actively manage the EB-5 business?

No, but you must be involved in policy formation or direction.

21. Can I use a loan for my EB-5 investment?

Yes, but the loan must be secured by your personal assets.

22. Can family members get green cards through EB-5?

Yes, your spouse and unmarried children under 21 can obtain green cards.

Process-Related FAQs

23. What is the PERM labor certification process?

PERM is a process where the employer proves that no qualified U.S. workers are available for the position. It takes 6-12+ months.

24. Can I travel while my green card application is pending?

If your I-485 is pending, you need an Advance Parole document to travel.

25. Can my spouse work while my green card is processing?

• If on H-4: Your spouse can work if they have an H-4 EAD.
• If on I-485 (pending green card): Your spouse can work with an EAD.

26. What happens if my priority date retrogresses?

If the Visa Bulletin retrogresses, your final green card approval may be delayed.

27. Can I downgrade from EB-2 to EB-3?

Yes, this is called an EB-3 downgrade, often done to take advantage of faster EB-3 processing times.

28. What happens if my employer withdraws my I-140?

• If withdrawn before 180 days of approval, you lose the priority date.
• If withdrawn after 180 days, you retain your priority date.

29. Can I have multiple green card petitions filed simultaneously?

Yes, you can have multiple I-140s under different EB categories to increase approval chances.

30. How does AC21 portability work?

If your I-485 has been pending for 180+ days, you can change employers to a similar job.

31. Do I need to maintain H-1B status while my green card is pending?

It is recommended, but once I-485 is filed, you can work using an EAD/AP combo card.

Final Thoughts: Choosing the Best Path

• If your employer is supportive, EB-2/EB-3 is the safest path.
• If you have outstanding achievements, EB-1A is the fastest option.
• If your work benefits the U.S., EB-2 NIW lets you self-petition.
• If you have investment capital, EB-5 offers an alternative.

Achieving permanent resident status in the U.S. comes with numerous benefits, including the ability to live and work indefinitely, travel freely, and eventually apply for U.S. citizenship.

Key Tip: Start early! The earlier you begin the Green Card process, the higher your priority date, which helps avoid delays due to visa backlogs.

Why You Should Schedule a Consultation with Herman Legal Group in Cleveland

Navigating the U.S. green card process while on an H-1B visa can be complex, especially when dealing with different employment-based categories like EB-1, EB-2, EB-3, and EB-5. Each pathway has its own set of eligibility requirements, processing timelines, and legal challenges that can impact your ability to secure permanent residency efficiently.

At Herman Legal Group, our experienced immigration attorneys understand the intricacies of employment-based green card applications and have successfully helped thousands of H-1B visa holders transition to permanent residency. Here’s why scheduling a consultation with us is a smart decision:

✅ Personalized Case Evaluation: We assess your qualifications, job position, and long-term immigration goals to determine the best green card category for you.

✅ Expert Guidance Through PERM and I-140 Filings: Our team ensures that your employer-sponsored green card application is prepared accurately, avoiding common pitfalls that could delay or jeopardize your case.

✅ Strategic Solutions for EB-1, EB-2 NIW, and EB-5 Investors: Whether you qualify for an EB-1 petition, an EB-2 National Interest Waiver, or are considering an EB-5 investment, we provide tailored legal strategies to strengthen your application.

✅ Priority Date and Visa Bulletin Strategies: If you’re affected by green card backlogs, we offer solutions such as EB-2 to EB-3 downgrades or porting priority dates to help you secure your green card faster.

✅ AC21 Portability and H-1B Extensions: If your green card process is delayed, we help you leverage AC21 portability rules and extend your H-1B status as needed.

✅ Ongoing Support & Representation: Immigration policies change frequently, and our legal team stays updated on the latest regulations to provide you with the best possible advice.

If you’re serious about securing your U.S. green card and need a reliable legal partner, Herman Legal Group in Cleveland is here to help. Contact us today to schedule a consultation and take the next step toward your future in the U.S.

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