EB1 vs EB2: What is the Difference

There are a number of differences between the two visas.

Different requirements: EB-1A “Extraordinary Ability” and EB-1B “Outstanding Researcher” both have a higher threshold than EB-2.

The U.S. Citizenship and Immigration Services (USCIS) takes a two-step approach to evaluate EB-1 A and EB-1B petitions, which means even if you meet all the eligibility requirements, USCIS will still do a “totality test”, reviewing all the evidence to make a decision whether you have the necessary level of achievement. Conversely, the EB-2 NIW requirements are less intense, making it an easier route.

Visa Bulletin: Every month, USCIS releases the Visa Bulletin which tells people if they can file the green card application based on their priority date.  Your birth country may impact whether you want to proceed with an EB-1 or EB-2 as depending on where you are from, the priority date waiting time may decrease/increase.

No PERM labor certification: All three subcategories of EB-1 and EB-2 do not require a PERM labor certification, which is the process of testing the U.S. labor market for qualified U.S. workers.

Job offer requirement: The EB-1A and EB-2 allow for self-petition, which means that you do not need a job offer from a prospective employer from the U.S.

For EB-1B, EB-1C, and PERM-based EB-2, you require a sponsoring employer offering permanent employment.

The EB-1 process is broken into three main phases:

Firstly, you must file the I-140 Petition, which takes six months. The EB-1A and EB-1B are eligible for premium processing, which allows petitioners who pay an extra fee and file an I-907 form to shorten the I-140 processing time to 15 days.

Next is setting the priority date, when USCIS receives an employment-based visa petition. This date is established as the priority date. A visa becomes available when the final action date in your category matches your priority date.

Finally, you must adjust your status or get your visa.  If you already have a visa, you may adjust your status simply by filing an I-485 and waiting for 6 months. If you don’t have a visa, you should get one via consular processing.

Unlike the EB-1, the EB-2 does not allow for premium processing.

To start the application process for an EB2A or EB2B Visa, your potential employer must file Form I-140: Petition for Alien Worker.

Next, they must first file with the US Department of Labor for Permanent Labor Certification using the Program Electronic Management Review system (PERM). This PERM labor certification process is to determine and prove that there are no American citizens or American permanent residents that are willing, capable or able to do the specific job. It can take an extended amount of time as it includes a well-documented recruitment process.

After the employer files the petition on your behalf, you must then wait until you receive your priority date. You will then be called for your interview at the US Embassy.

For the interview, you will then be asked a variety of questions regarding your EB2 application, including queries about your background, your qualifications, details about your job offer in the US, and who your employer is.

The EB-1 and EB-2 visas are both U.S. employment-based immigrant visas (green card categories), but they serve different types of professionals and have distinct eligibility requirements, standards of evidence, and processing considerations.

Determining which visa out of the EB1 and EB2 can be confusing and time confusing.

To make the process stress free, we suggest you work with our Total Law team of qualified immigration lawyers.

We are available to support you throughout the entire process where no question is too confusing!

We strive to make the process as stress-free as possible. We are available to support you with any requests seven days a week, by phone or by online chat on our website.

Call us on +1 844 290 6312, or contact us online seven days a week via our live chat.