EB1 vs. EB2

Attribute	EB1	EB2
Priority date	Current	Current
Job offer required	No	Yes
Education requirement	Advanced degree or extraordinary ability	Advanced degree or exceptional ability
Experience requirement	Extraordinary ability	Exceptional ability
Priority worker category	First	Second

Overview

When it comes to employment-based immigrant visas in the United States, the EB1 and EB2 categories are two popular options for foreign nationals seeking permanent residency. Both visas have their own set of requirements and benefits, making them suitable for different types of applicants.

EB1 Visa

The EB1 visa is designed for individuals with extraordinary abilities in their field, outstanding professors or researchers, and multinational executives or managers. One of the key advantages of the EB1 visa is that it does not require a specific job offer from a U.S. employer, making it a popular choice for self-employed individuals or those looking to establish their own business in the U.S.

• Categories: EB1 visas are divided into three subcategories - EB1A for individuals with extraordinary abilities, EB1B for outstanding professors or researchers, and EB1C for multinational executives or managers.
• Eligibility: To qualify for an EB1 visa, applicants must meet specific criteria related to their achievements, such as receiving major awards or recognition in their field, making significant contributions, or demonstrating sustained success.
• Priority Date: The EB1 category is considered a priority worker visa, meaning there is typically no backlog for visa numbers, resulting in faster processing times compared to other employment-based visas.

EB2 Visa

The EB2 visa is intended for professionals with advanced degrees or exceptional abilities in their field. This category also includes individuals seeking a National Interest Waiver (NIW), which allows them to self-petition for a green card without the need for a specific job offer or labor certification.

• Categories: EB2 visas are divided into two subcategories - EB2A for individuals with exceptional abilities and EB2B for professionals with advanced degrees or exceptional ability in the arts, sciences, or business.
• Eligibility: To qualify for an EB2 visa, applicants must have a job offer from a U.S. employer and meet specific educational and work experience requirements, such as holding an advanced degree or having at least five years of relevant experience.
• Priority Date: The EB2 category is subject to a backlog for visa numbers, especially for applicants from countries with high demand for visas, which can result in longer processing times compared to the EB1 category.

Key Differences

While both the EB1 and EB2 visas offer a path to permanent residency in the U.S., there are several key differences between the two categories that applicants should consider when deciding which visa is right for them.

• Job Offer Requirement: The EB1 visa does not require a specific job offer from a U.S. employer, making it a more flexible option for individuals who are self-employed or looking to start their own business. In contrast, the EB2 visa requires a job offer and labor certification from a U.S. employer.
• Eligibility Criteria: The EB1 visa is reserved for individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers, while the EB2 visa is for professionals with advanced degrees or exceptional abilities in their field.
• Processing Times: The EB1 category typically has faster processing times compared to the EB2 category due to its priority worker status and lack of visa number backlog. However, the EB2 category may have longer processing times, especially for applicants from countries with high demand for visas.

Conclusion

In conclusion, the EB1 and EB2 visas are both valuable options for foreign nationals seeking permanent residency in the United States. While the EB1 visa offers more flexibility and faster processing times, the EB2 visa is suitable for professionals with advanced degrees or exceptional abilities in their field. Applicants should carefully consider their qualifications and long-term goals when choosing between the two categories to ensure they select the visa that best aligns with their individual circumstances.