Understanding the Differences

If you are contemplating an employment-based visa, you will probably have a lot of questions about how they vary, and which one is the ideal choice for you. The EB-1 and EB-2 are extremely similar but there are significant distinctions to consider when determining which visa to apply for.

How do the requirements differ?

Only those with great skills, renowned academics and researchers, and international leaders and managers are eligible for the EB-1 category. EB-1 candidates are often at the top of their fields and must satisfy strict standards to demonstrate this.

The EB-2 visas are reserved for people who have:

The EB-2 has a lower threshold because it does not require you to be excellent in a particular area. However, you must hold a master’s or doctoral degree (or its equivalent) to be eligible for an EB-2.

One of the most significant distinctions between the EB-1 and EB-2 is, that the EB-1 does not need an applicant to have a job offer and can self-petition without the assistance of an employer. Similarly, the EB-2 NIW (National Interest Waiver) permits applicants to self-petition if the proposed activity has considerable value and national significance. On the other hand, EB-2 requires a petitioner, which may be a time-consuming operation that prolongs the process of obtaining a green card. As a result, if you do not have a petitioner and fulfill all the conditions, the EB-1 is likely a better alternative for you.

How do the wait times differ?

As previously stated, the EB-1 has more severe qualifications than the EB-2 which results in fewer applications each year. With fewer applications, wait periods are often lower than they are for EB-2. Wait periods will vary depending on the applicant’s citizenship, and priority time.

Is a PERM Labor Certification necessary?

The PERM Labor Certification procedure is what your employer will go through on your behalf. This includes recruitment and guaranteeing that you are not displacing any competent U.S. employees. A PERM Labor Certification is not necessary for the EB-1 or EB-2 visas if you have a National Interest Wavier.

Can family members join the EB visa holder in the U.S.?

One of the most common inquiries we receive about any visa type is, whether family members can accompany the main applicant to the United States. Family members of EB-1 and EB-2 visa holders with an accepted I-140 petition may be eligible to seek admission to the United States in one of the following immigration categories:

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

The EB-1 and EB-2 share several requirements. As a result, many individuals wonder if they may apply for both alternatives at the same time. You may apply for both the EB-1 and EB-2 without consequence. If both applications are accepted, then the applicant must choose the visa they want to move forward with.