EB1 vs EB2 visas are two major categories within employment based immigration that prospective immigrants consider when seeking to move to the United States through employment-based visas. Familiarizing oneself with the differences between the two is crucial due to the nature of the need for better career alternatives, better opportunity, and security in the U.S.

As such, in this guide, we will cover the most fundamental differences between EB1 vs EB2 visas, focusing on EB1A known as Extraordinary Ability and EB2 National Interest Waiver. Although both these visas epitomize different pathways, both target highly-skilled professionals and have distinct requirements, advantages, and disadvantages depending on the category of applicant. Let’s get started and explore these two vital pathways to securing a distinct future.

Let’s dive in and explore the intricacies of these two important categories.

EB1 vs EB2: Understanding the basics

EB1 Visa Overview:

– EB1A (Extraordinary Ability): This visa is designed for individuals who can demonstrate exceptional ability in the sciences, arts, education, business, or athletics. This category is highly selective and requires evidence of continuous national or international recognition. Similarly, applicants do not need a job offer or a labor certification, making this category a great option for top-tier talents to self-petition. Obtaining an EB1 visa is a significant step towards achieving permanent resident status in the United States.

– EB1B (Outstanding Professors and Researchers): As the name suggests, this category is designed for outstanding professors and researchers highly recognized internationally for their work. Such individuals are required to have at least three years of experience in teaching or research. They should be seeking to enter the U.S. to take up tenured or tenure-track teaching, or a research position similar to the one they currently work or have worked at a university or other institution of higher education U.S. Citizenship and Immigration Services USCIS

– EB1C (Multinational Managers or Executives): As previously mentioned, this classification is issued for managers or executives of multinational companies. Such an individual should be working in such a company outside the U.S. for at least one of the three years preceding before proceeding with the application. Finally, it is required that such a person is being transferred to the U.S. to undertake a managerial or executive position in the same company. This category does not require a labor certification.

Types of EB1 Visa Subcategories

The EB1 visa category is divided into three distinct subcategories, each tailored to different types of exceptional professionals. These subcategories are:

• EB1-1: Aliens of Extraordinary Ability: This subcategory is for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must provide evidence of sustained national or international acclaim and recognition in their field. This category allows for self-petitioning, meaning no job offer or labor certification is required.
• EB1-2: Outstanding Professors and Researchers: Designed for outstanding professors and researchers, this subcategory requires applicants to have at least three years of experience in teaching or research. They must be internationally recognized in their academic field and have a job offer for a tenured or tenure-track position at a university or a comparable research institution in the U.S.
• EB1-3: Multinational Executives and Managers: This subcategory is for executives and managers who have been employed by a multinational company outside the U.S. for at least one of the three years preceding their application. The applicant must be seeking to continue working for the same employer in a managerial or executive capacity in the U.S. This category does not require a labor certification.

Each of these subcategories requires the applicant to demonstrate exceptional ability and achievement in their field, ensuring that only the most qualified individuals are granted this prestigious visa.

EB2 Visa Overview:

– EB2 (Advanced Degree/Exceptional Ability): This category is for professionals who have an advanced degree or possess exceptional ability in the sciences, arts or business. The applicant must have an offer for employment and the employer is required to acquire a labor certification. One main exception to this requirement is the National Interest Waiver (NIW), which allows applicants to file national interest waivers to bypass the labor certification process.

– EB2 NIW (National Interest Waiver): Applicants for this category can apply for a waiver for the job offer and the labor certification requirements. They must prove that the job is in the best interest of the U.S. This category is suitable for work that has critical impact to the U.S. like health, technology and education.

EB1A Requirements: Extraordinary Ability

For an EB1A visa, you must have compelling evidence of extraordinary ability. The following evidence that proved the sustained national or international acclaim and recognition in your field of endeavor, can prove a one-time major internationally-recognized achievement or satisfy at least 3 of the 10 criteria below:

1- Awards and Honors:  Awards and honors, such as a Nobel Prize or a Pulitzer Prize.

2- Memberships:  Memberships in associations that require outstanding achievements as a condition of membership.

3- Published Material:  Articles or other media about you and concerning your work in major trade publications or major media.

4- Judging:  Participation as a judge of the work of others in the same or an allied field.

5- Original Contributions:  Evidence of your existing original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.

6- Authorship: Authorship of scholarly books or articles in professional journals or other major media. Exhibitions or showcases of your work or qualifications.

7- Exhibitions or Showcases: Evidence of your work being displayed at artistic exhibitions or showcases.

8- Leading Role: A prominent or critical role in organizations with a distinguished reputation.

9- High Salary: A high salary or other significantly high remuneration in relation to others in the field.

10- Commercial Success:Commercial successes in the performing arts.

Meeting these requirements is crucial for those seeking permanent residency through the EB1A visa.

EB2 NIW Requirements: National Interest Waiver

You may qualify for an EB2 NIW if you have the following:

An advanced degree or exceptional ability. However, exceptional ability, which is not easily found in science or art or business, can be defined based on routine work as a level of expertise significantly superior to this.

– Evidence of Exceptional Ability: If you are in the exceptional ability bracket, demonstrate three out of the following

1- An educational institution from which the student received a degree, diploma or certificate

2- A minimum of 10 years work experience with support in the form of letters from your current or former employers.

3- Professional Licence/Certificate

4- Membership in a professional body.

5- Peers, government agencies and relevant professional or business institutions recognize your accomplishments in your field.

6- Indications that you have received a salary, or other compensation for services, evidence of payment (such as earnings statements).

Conditions to fulfill National Interest Waiver:

In order to meet the requirement of the National Interest Waiver, the following three “prongs” must be satisfied as well as reasonable to waive a job offer and labor certification of a U.S. job:

– The first “prong” is Met your work is of substantial merit and is of National interest to the U.S.

– The second “prong” is Satisfied you have a knowledge and its beneficial use which allows you to work in your field

– The third “prong” is Satisfied having a proven plan for business interests which waives a job offer and labor certification of a U.S. job.

Pros and Cons

EB1A:

Pros:

• You Are Not Required a Job Offer: With this program, you can self-petition and therefore do not need an employer to sponsor your application.
• Faster Processing: Despite being a first preference category which causes the queue of this highly competitive visa to be longer, EB1A is processed quicker than many other employment based categories.
• Faster Approval times: EB1A gets a faster preference in the green card process.

Cons:

• High Standards: The evidence is rigorous and difficult to satisfy.
• Competitive: The section is extremely competitive and hard to earn.

EB2 NIW: PERM Labor Certification

Pros:

• No Employment Offer Needed: NIW allows for self-petition, just like the EB1A.
• Broad Qualification: Applicable to a varied skilled segment (including advanced degree holders or people with exceptional abilities).
• National Interest Argument: If your work is of national importance, the NIW can be a strategic pathway.
• Additionally, applicants can obtain an employment authorization document (EAD) while their application is being processed, allowing them to work in the U.S.

Cons:

• EB2 NIW applications: The processing time is usually longer than an EB1A.
• Complex Justification: Proving a need for the national interest waiver can be difficult, and it requires significant documentation.

Who Qualifies?

EB-1A:

• Academics and Researchers: Need to have recognized atleast in home country as groundbreaking research going international.
• Technology, Engineering, Medicine & Business professionals accomplished in their respective fields
• Artists and athletes: With exceptional talents or distinguished on an international level,
• Entrepreneurs Startup Founders (Innovators — those who transform their industry)

EB-2 NIW:

• Skilled Workers, Academics and Researchers: Someone whose work is both significantly beneficial to the U.S.
• Techies, Entrepreneurs: People with a postdoc working in large national projects or research.
• Artists, Athletes and Highly Skilled Individuals: able to demonstrate that this person`s activities are of a national interest in the U.S.
• Entrepreneurs and Startup Founders – Innovator that owns a significant portion of shares in the business, are actively involved as well other benefits which is needed  for  the  US Economy

Sponsorship and Filing

Sponsorship and filing are crucial steps in the EB1 and EB2 visa application process. Here’s what you need to know:

Employer Sponsorship for EB2 Applicants

EB2 applicants typically require employer sponsorship to apply for a green card. The employer must file a Form I-140, Petition for Alien Worker, on behalf of the applicant, and demonstrate that they have a job offer for the applicant.

Additionally, the employer must obtain a labor certification from the Department of Labor.

This labor certification process, known as PERM (Program Electronic Review Management), involves proving that there are no qualified U.S. workers available for the position and that hiring a foreign national will not negatively impact the wages and working conditions of U.S. workers. The PERM labor certification process can be lengthy and complex, often taking several months to a year or more to complete.

Self-Petitioning for Eligible EB1 Individuals

EB1 applicants, on the other hand, may be eligible to self-petition for a green card without employer sponsorship.

This is because the EB1 category is designed for individuals with extraordinary ability, and the USCIS recognizes that these individuals may not need employer sponsorship to demonstrate their qualifications. Self-petitioning requires the applicant to provide substantial documentation and evidence to demonstrate their extraordinary ability.

This includes meeting the stringent criteria set forth by the USCIS, such as evidence of national or international acclaim, significant contributions to their field, and other forms of recognition. While self-petitioning can be a more streamlined process, it requires careful preparation and thorough documentation to ensure a successful application.

Timeline and Processing

The timeline and processing for EB1 and EB2 visas can vary significantly. Here’s what you need to know:

• EB1 Visas: Typically, EB1 visas have a faster processing time compared to EB2 visas. This is primarily because EB1 visas do not require labor certification, which can significantly expedite the process. The USCIS processing time for EB1 visas generally ranges from 4 to 7 months, depending on the specifics of the case and the applicant’s country of origin.
• EB2 Visas: In contrast, EB2 visas require labor certification, which can add several months to a year or more to the overall processing time. The PERM labor certification process involves multiple steps, including job advertisements, recruitment efforts, and the submission of detailed documentation to the Department of Labor. Once the labor certification is approved, the employer can then file the Form I-140 on behalf of the applicant. The total processing time for EB2 visas can vary widely, often taking more than 3 years, especially for applicants from countries with high demand, such as India and China.
• Premium Processing: Both EB1 and EB2 visa applicants have the option to request premium processing for their Form I-140. Premium processing guarantees a response from the USCIS within 15 calendar days, significantly expediting the overall timeline. However, this service comes with an additional fee and is subject to availability.

Navigating the complex EB1 and EB2 visa application process can be challenging. It is essential to work with an experienced immigration attorney who can provide guidance, ensure that all documentation is properly prepared, and help achieve the best possible outcome for your application.

EB1 vs EB2 Showdown

Example Scenario: Dr. Jane Doe

For example, let us take the case of Dr. Jane Doe; a reputed faculty in Renewable Energy from India.

Dr. Doe has won numerous international awards, published in the top scientific journals and developed new solar technologies.

For EB1A:

For example, Dr. Doe would likely be eligible for applying under the EB1A category due to all of her international awards and publications as well as how she has contributed greatly to renewable energy.

This is the green card that she can get without job offer or labor certification, which would be a streamlined path for her to follow.

For EB2 NIW:

Or, Dr. Doe could possibly self-sponsor an EB2 NIW based on her service in renewable energy which demonstrates such a benefit to the U.S.

She will have to demonstrate that her research meets major national priorities, including energy sustainability and independence. That may be a bit of longer road but it indeed appears to an appropriate course considering her advanced degree and the national relevance relative to what she researches. But a backlog of more than 11 years for Indian nationals who apply under the EB2 NIW category could significantly slow down her application.

Conclusion: Which is Better?

Whether or not one needs to choose between EB-1A and EB-2 NIW will definitely vary depending on individual qualifications and career objectives.

So if you have exceptional accomplishments and they are internationally recognized, then EB-1A might be a quicker way to go. Nonetheless, if your work has great national interest consequence to the U.S. and you have an advanced degree or other qualifications (genius ability) then EB-2 NIW may be more appropriate for your circumstance than a O1 visa application process.

Regardless, our experienced team can assist you in understanding not only the machinations of applying for it but also what is likely to be your pathway. To find that answer as well contact us now and take the first steps to a career advancement in getting yourself into obtaining your U.S. green card today!