EB-1 vs EB-2: The Right Option For You

If you are considering an employment-based visa, specifically either the EB-1 or the EB-2, you likely have many questions about how they differ, and which option would be the best one for you when comparing EB-1 vs EB-2. The EB-1 and EB-2 are often thought of as very similar, but, as this article shows, there are important differences to keep in mind when deciding which one to apply for.

How do the requirements differ?

The EB-1 category is only available for people who fit in one of these three subcategories: 1) persons of extraordinary ability, 2) outstanding professors and researchers, and 3) multinational executives and managers. As these subcategories make clear, EB-1 applicants are generally at the top of their fields and are thus required to meet stringent requirements to prove this, which directly impacts green card EB-1 eligibility.

The EB-2, however, is for individuals who qualify under the EB-2 visa category, including those who have 1) an advanced degree, 2) exceptional ability, or 3) are eligible under the National Interest Waiver (NIW), which is an important distinction in EB-1 vs EB-2 evaluations. The threshold is lower for the EB-2, as it does not require exceptional ability or to be outstanding. Instead, an EB-2 can be granted if you have a master’s or doctorate degree or its equivalent, for example.

Is a sponsor needed when evaluating EB-1 vs EB-2?

One of the biggest differences between the EB-1 and EB-2 employment sponsored green card is that the EB-1 does not require that an applicant have a job offer and can self-petition without an employer’s involvement, although multinational managers and executives may pursue EB-1 classification after previously working in the U.S. on an L-1 visa. Similarly, the EB-2 NIW (National Interest Waiver) also allows applicants to self-petition if the proposed work is considered to have substantial merit and national importance. On the other hand, the EB-2 requires a petitioner, which can often be a burdensome task and lengthens the process of getting the green card, leading some applicants to explore alternatives such as E-3 visa. As a result, the EB-1 is likely a better option for you if you do not have a petitioner and meet all the requirements.

Related post:  Get a Green Card Through Self Petition

How do the wait times differ?

As discussed above, the EB-1 has more stringent requirements than the EB-2, which directly impacts processing times in an EB-1 vs EB-2 scenario. With less applicants, the wait times tend to be shorter than that of the EB-2. Of course, wait times differ based on the applicant’s country of citizenship, and priority times are updated monthly on the Visa Bulletin if you want the most updated processing times.

Is PERM Labor Certification required?

PERM Labor Certification is the process your employer will go through on your behalf, including recruitment, to ensure that you are not displacing any qualified U.S. workers, which is a key factor when comparing EB-1 vs EB-2. However, PERM is not required for the EB-1 or the EB-2 with a National Interest Waiver. The PERM process can take many months and is yet another reason why the EB-1 and EB-2 NIW tend to process quicker than the regular EB-2.

Can family members join the EB visa holder in the US?

One of the most common questions we get regarding any visa type is whether family members can join the main applicant in the US, including cases involving EB-1 vs EB-2. For family members of EB-1 and EB-2 visa holders who have an approved I-140 petition, their spouse and unmarried children, under the age of 21, may be eligible to apply for admission to the United States in one of the following immigrant categories: E14 (if EB-1 spouse),  E15 (if EB-1 child), E21 (if EB-2 spouse), and E22 (if EB-2 child).

Do I have to choose, or can I file for both?

At the beginning of this article, we mentioned that the EB-1 and EB-2 are often thought of as similar because they do have some overlapping criteria, particularly when comparing the EB-1A visa with the EB-2 National Interest Waiver category, which is central to understanding EB-1 vs EB-2. Because of that, people tend to be curious if they could apply for both options at the same time and if there are any benefits or consequences to this. You can, if you find that you are likely eligible for both categories, apply for both the EB-1 and EB-2 at the same time without any consequences, while also evaluating alternative pathways such as the O1 visa to green card strategy depending on your qualifications. It will increase your chances of having at least one of them approved. Of course, applicants must pay the fees for both applications but if both are approved, you can then choose which green card suits you and your situation the best.

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My name is Michael Ashoori and I’m a U.S. immigration lawyer and the founder of Ashoori Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States. If you have any questions about the EB-1 or EB-2 visas, or any other immigration-related questions, you may consider consulting an experienced immigration law firm for guidance or feel free to schedule a free consultation by clicking this link.