Choosing Between EB1 and EB2 Visa

Whether you are considering an EB1 or an EB2 employment-based visa, you probably have many questions regarding the differences between the two and which would be ideal for you. As demonstrated, however, substantial distinctions between EB1 and EB2 should be considered while determining which to pursue. Pursue help from an eb1 visa lawyer today!

What is different about the prerequisites?

Persons who fall into one of three specific categories—those with “extraordinary ability,” “outstanding professors and researchers,” or “multinational executives and managers”—are the only ones eligible for EB1 status. These categories make it clear that EB1 applicants are expected to be at the very top of their fields and must meet rigorous standards to demonstrate this.

However, the EB2 category is reserved for people who either 1) have a graduate degree 2) possess outstanding abilities, or 3) qualify under the National Interest Waiver (NIW). The bar is lower since EB2 does not necessitate great performance or exceptional aptitude. However, if you hold a master’s or doctoral degree or its equivalent, you may qualify for an EB2 visa.

Do you require a sponsor?

The applicant for EB1 does not need a work offer and can self-petition without an employer’s involvement, which is a significant distinction from the EB2 category. Self-petitioning is possible under the EB2 NIW (National Interest Waiver) category, provided the applicant can demonstrate that their intended work is of “extraordinary merit” and “extremely significant” to the nation. However, the EB2 route necessitates a petitioner, which may be a time-consuming and challenging process. Therefore, if you do not have a petitioner but otherwise satisfy the standards, EB1 is your best bet.

In what ways do waiting times vary?

As was previously said, the EB1 category sees fewer applicants annually than the EB2 category because of the EB1’s stricter requirements. Due to fewer applications, EB3 visa processing times are often faster than those for EB2. Priority processing times are updated regularly on the Visa Bulletin, and wait times vary widely depending on the applicant’s country of citizenship.

Can I apply for both, or do I have to choose?

At the outset of this piece, it is indicated that EB1 and EB2 are commonly mistaken for one another because of their shared eligibility requirements. Because of this, many individuals wonder if they can apply for both choices simultaneously, and if so, what the pros and downsides of doing so would be. Applying for EB1 and EB2 simultaneously is permissible if you believe you meet both criteria. The likelihood of having at least one of them accepted will rise. The fees for both applications are separate, but if you are granted both green cards, you can pick the one that works best for you.