EB1 vs EB2 visas are the two major categories prospective immigrants reach for when considering immigration 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 EB1A requirements

– 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.

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).

– 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

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.

EB2 NIW Requirements

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:

• 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.

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:

• 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

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!