EB-1 vs. EB-2 Visa: Differences, Eligibility, Green Card Strategy

Key takeaways

The EB-1 and EB-2 are both employment-based immigrant petitions that can lead to U.S. permanent residency, but differ in eligibility, evidence standards, and processing times.
EB-1 is for individuals with extraordinary or outstanding ability, including researchers, executives, and acclaimed professionals.
EB-2 is for those with advanced degrees or exceptional ability, often requiring employer sponsorship unless pursuing a National Interest Waiver (NIW).
The best option depends on your qualifications, field, and whether you’re seeking a self-petitioned or employer-sponsored path.

If you’re planning to apply for a U.S. green card based on your professional background, the EB-1 and EB-2 are two of the most powerful immigrant visas available. Both fall under the employment-based category and can lead to permanent residency—but they’re designed for different kinds of professionals and come with different requirements, benefits, and timelines.

The EB-1 is often considered the more selective option, available to individuals with extraordinary ability, outstanding academic achievements, or multinational executive experience.

The EB-2, on the other hand, is generally more accessible and serves professionals with advanced degrees or exceptional ability, though it usually requires employer sponsorship unless you’re applying under the National Interest Waiver (NIW).

In this article, we’ll walk through the major differences between the EB-1 and EB-2 visa categories, including subcategories, eligibility, sponsorship, and the path to permanent residency, so you can make an informed decision about your future

EB-1 vs. E-B2 Comparison Chart

When deciding between the EB-1 and EB-2 visas, it’s important to know how they differ so you can choose the right path for your career. See the table below to learn more about the key differences between the EB-1 visa vs. the EB-2 visa.

	EB-1 Visa	EB-2 Visa
Eligible Professionals	Top achievers in their field (e.g., leading scientists, artists, executives)	Professionals with advanced degrees or exceptional skills
Proof Required	Extraordinary achievements or recognition in your field	Advanced degrees or exceptional abilities
Labor Certification	Typically not required	Generally required, unless qualifying for a National Interest Waiver (NIW)
Job Offer	Required for some categories (e.g., EB1-C), not needed for EB1-A	Usually required, except if applying for a National Interest Waiver (NIW)
Application Process	Can be quicker due to no labor certification requirement	Can be longer due to labor certification, unless NIW applies

💡Not sure whether the EB-1 or EB-2 visa is the best fit for you? Schedule a consultation with Manifest Law. Our experienced attorneys will evaluate your situation and guide you on the best visa options to achieve your goals.

What is the EB-1 visa?

The EB-1 visa is a type of green card that allows top-tier professionals to live and work permanently in the U.S. It’s designed for people who are highly accomplished in their field, like scientists, artists, business leaders, athletes, or educators.

There are three main subcategories under the EB-1 visa:

EB1-A Visa for Individuals with Extraordinary Ability

The EB1-A visa is for individuals with extraordinary ability, such as world-class athletes, actors, researchers, or business leaders.

Who it’s for: Individuals who have achieved extraordinary success in their field, whether it’s science, the arts, business, education, or athletics.
What you need: You must show that you have extraordinary ability through sustained national or international acclaim. This usually means providing evidence of awards, publications, or major achievements.
No job offer required: You don’t need a job offer to apply, but you do need to continue working in your field in the U.S.

EB1-B visa for Outstanding Professors and Researchers

The EB1-B is an employment-based visa for outstanding professors and researchers who have made important contributions in their academic or research area.

Who it’s for: Academic professionals who are internationally recognized for outstanding achievements in their field.
What you need: You must show that you have at least three years of experience in teaching or research and that you have a record of significant contributions to your field.
Job offer required: You need a job offer from a U.S. educational or research institution that will support your application.

EB1-C Visa for Multinational Managers and Executives

The EB1-C visa is for multinational executives or managers who have worked for an overseas branch of a U.S. company and are transferring to the U.S.

Who it’s for: Senior-level professionals moving into a managerial or executive role at their company’s U.S. office.
What you need: You must have been employed abroad in a managerial or executive role for at least one year in the past three years, and you need to be moving to a similar role in the U.S.
Job offer required: You need a job offer from the sponsoring company in the right managerial or executive role.

What is the EB-2 visa?

The EB-2 visa is a type of green card that lets skilled professionals and individuals with advanced degrees live and work permanently in the U.S. It’s designed for people who either have high-level educational qualifications or exceptional abilities in their field.

There are two main types of EB-2 visas:

EB2-A Visa: Advanced Degree Professionals

If you meet the qualifications for the EB2-A and are looking to take your career to the next level in the U.S., this might be the right path for you.

Who it’s for: Professionals with advanced degrees (master’s degree or higher) or those with a bachelor’s degree plus at least five years of progressive work experience in their field.
What you need: You must provide proof of your advanced degree or a bachelor’s and significant work experience. This could include diplomas, transcripts, and letters from past employers.
Labor Certification Required: Generally, you need a labor certification to prove that there are no qualified U.S. workers available for the position. However, if you qualify for a National Interest Waiver (NIW), you can skip this requirement.

💡 What is Labor Certification (PERM)? Labor certification, also known as PERM, is a process where a U.S. employer must prove there are no qualified U.S. workers available for a job. It’s required for most EB-2 green card cases, unless you qualify for a National Interest Waiver.

EB2-B Visa: Individuals with Exceptional Ability

To qualify for the EB2-B, you’ll need to demonstrate that your skills and achievements are significantly above the standard in your industry.

Who it’s for: Individuals who have exceptional ability in their field, such as science, arts, or business.
What you need: You need to provide evidence of your exceptional ability, which might include awards, memberships in professional organizations, or significant contributions to your field.
Labor Certification Required: Like EB2-A, you usually need a labor certification unless you qualify for a National Interest Waiver (NIW).

What is the EB-2 NIW visa?

The EB-2 National Interest Waiver (NIW) is a special path within the EB-2 category that allows professionals to self-petition for a green card without an employer sponsor. It’s designed for individuals whose work serves the national interest, such as advancing science, public health, technology, or education.

To qualify, you must meet the basic EB-2 criteria (either an advanced degree or exceptional ability) and demonstrate:

Your work has substantial merit and national importance
You are well-positioned to advance it
Waiving the standard job offer and labor certification requirements benefits the U.S.

Because it doesn’t require a sponsoring employer or PERM process, the EB-2 NIW is especially appealing to researchers, physicians, startup founders, and public sector professionals. It’s less competitive than the EB-1A, but still demands a compelling case and strong supporting evidence.

Key Differences Between the EB-1 vs EB-2 Green Cards

The EB-1 and EB-2 visas both offer a pathway to U.S. permanent residency, but they differ significantly in eligibility requirements, process, and speed. Here are a few key differences to know:

1. Eligibility Criteria

EB-1: Reserved for individuals with extraordinary ability (EB-1A), outstanding academic achievements (EB-1B), or multinational executive/managerial roles (EB-1C).
EB-2: Designed for skilled workers with an advanced degree or exceptional ability in their field. The National Interest Waiver (NIW) offers a self-petition path for certain EB-2 applicants.

2. Evidence Requirements

EB-1: The EB-1 category requires strong, internationally recognized achievements. USCIS evaluates EB-1 applicants against a high bar of “extraordinary ability.”
EB-2: Visa applications need to include academic credentials or proof of exceptional ability, often demonstrated through education, experience, or letters of support. For NIW cases, USCIS also assesses whether your work has national importance and justifies waiving the labor certification.

3. Self-Petition vs. Employer Sponsorship

EB-1A and EB-2 NIW: Can be self-petitioned.
EB-1B, EB-1C, and standard EB-2 PERM: Require a U.S. employer to sponsor your petition and, in most EB-2 cases, a labor certification.

💡What does self-petition mean? Self-petitioning means you can apply for a green card without an employer sponsor. EB-1A and EB-2 NIW applicants can submit their own petition directly to USCIS, without an employer.

4. PERM Labor Certification

EB-1: Does not require a labor certification process.
EB-2: Typically requires labor certification, unless applying under the National Interest Waiver.

5. Visa Bulletin and Backlogs

EB-1: Often current or moves faster in the visa bulletin, especially for most countries.
EB-2: More likely to face backlogs, especially for applicants from high-demand countries like India or China.

💡What is the Visa Bulletin and why does it matter?
The Visa Bulletin, published monthly by the U.S. Department of State, shows which green card applications are currently being processed based on priority date, country of birth, and visa category (like EB-1 or EB-2).

If your priority date is “current,” you can move forward with your green card. If it’s backlogged, you’ll need to wait until your date becomes current. This matters most for professionals from high-demand countries like India or China, where EB-2 backlogs are common, but EB-1 often moves faster.

6. Processing Time

EB-1: Visa processing time tends to be faster, particularly because it skips the labor certification step.
EB-2: Usually takes longer unless applying with an NIW and using premium processing.

7. Prestige and Difficulty

EB-1: Seen as more prestigious but more difficult to qualify for due to the high bar of “extraordinary ability.”
EB-2: More accessible to well-qualified professionals, especially with an advanced degree or clear public-interest impact.

EB-1 vs EB-2: Which Is Better?

Choosing between EB-1 and EB-2 depends on your personal qualifications and career goals.

The EB-1 visa is often seen as the better option if you’re at the top of your field, have extraordinary achievements, or are a high-level executive moving to the U.S. It’s generally quicker to process because it usually doesn’t require a labor certification.

The EB-2 visa is a great choice if you have an advanced degree or exceptional skills in your field. Although it might take a bit longer due to the labor certification requirement and visa backlogs, it’s still a solid option if you meet the qualifications.

Bottom line: the “better” choice between EB-1 vs. EB-2 really comes down to which visa aligns best with your achievements, work experience, and career plans.

Need help with your EB-1 or EB-2 strategy?

At Manifest Law, we specialize in high-stakes immigration cases for researchers, founders, and other professionals. Our experienced immigration attorneys will evaluate your qualifications, recommend the strongest filing strategy, and guide you every step of the way, from evidence prep to approval.

👉 Book a consultation and get clarity on your green card path today.

Frequently Asked Questions

Can you go from EB-2 to EB-1?

Yes, you can transition from an EB-2 visa to an EB1 visa if you meet the qualifications for EB-1. If your career achievements or professional standing improve to the level required for EB-1, it might be worth exploring this switch.

For instance, if you start with an EB-2 visa based on your advanced degree and later achieve extraordinary accomplishments or significant recognition in your field, you could qualify for EB-1. Making this change can sometimes help you get your Green Card faster, but it’s important to carefully review the requirements for each visa and consult with an immigration lawyer.

Can I apply for EB-1 and EB-2 at the same time?

Yes, you can apply for both the EB-1 and EB-2 visas at the same time. This strategy can be useful if you’re not sure which visa category you might qualify for or if you want to maximize your chances of securing a green card.

Each application will be reviewed based on its own merits, so having both in play can give you more opportunities to obtain your green card. Just be aware that you’ll need to manage the application process for both visas and potentially incur additional costs.

What are the EB-1 and EB-2 priority dates?

The priority date is essentially your place in line for a green card and can vary for EB-1 and EB-2 visas. It’s the date when your Form I-140 petition or Labor Certification (ETA-9089) is filed.

For EB-1 visas, the priority dates are often current for most countries, meaning there’s usually shorter wait times. However, for EB-2 visas, especially if you’re from a country with high demand, the priority dates can be backlogged, which means you might experience a longer wait before your application is processed.

Is the EB-1 or EB-2 considered a visa or a green card?

Technically, both EB-1 and EB-2 are immigrant visa categories—they’re part of the U.S. system for granting permanent residency based on employment. Once approved, they lead to a green card, which is the official proof of your permanent resident status.

If you’re applying from outside the U.S., you’ll go through consular processing to receive an immigrant visa. If you’re already in the U.S. on another visa (like an O-1 or H-1B), you’ll likely apply for a green card through adjustment of status with USCIS.

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