EB1 vs EB2 Visa: Complete Comparison Guide

This article was last updated and fact checked on April 29, 2025 by Mani Karthik.

When I first considered applying for a US green card, I was confused by the various employment-based categories. Should I push for an EB1 or settle for EB2?

The differences seemed technical, and the advice online was often contradictory.

After going through both processes personally and helping many colleagues navigate their options, I can clearly explain the key differences between EB1 and EB2 visas to help you determine which path is right for your situation.

Quick Overview: EB1 vs EB2 Comparison

The EB1 (Employment-Based First Preference) visa targets individuals with extraordinary ability, outstanding professors/researchers, and multinational executives/managers. It doesn’t require labor certification and typically has shorter wait times.

The EB2 (Employment-Based Second Preference) visa is for professionals with advanced degrees or exceptional ability and generally requires labor certification unless qualifying for a National Interest Waiver.

The main advantages of EB1 are faster processing times, no labor certification requirement, and significantly shorter waiting periods for Indian nationals.

However, EB1 has more stringent eligibility criteria that many qualified professionals cannot meet.

Eligibility Requirements: EB1 vs EB2

EB1 Eligibility Categories

The EB1 visa has three distinct subcategories:

EB1-A: Extraordinary Ability

You must demonstrate extraordinary ability in sciences, arts, education, business, or athletics through:

• National or international acclaim
• Meeting at least 3 of 10 specific criteria (awards, publications, high salary, etc.)
• Evidence that you’ll continue working in your area of expertise

No job offer is required for this category – you can self-petition.

EB1-B: Outstanding Professor or Researcher

You must demonstrate:

• International recognition for outstanding achievements
• At least 3 years of experience in teaching or research
• A job offer for a tenured, tenure-track, or comparable research position

EB1-C: Multinational Manager or Executive

You must have:

• Worked for at least 1 year in the past 3 years for a company outside the US
• Been transferred to a US branch, affiliate, or subsidiary
• A role as a manager or executive in both positions

💡 Pro Tip: If you’ve published research, focus on citation metrics rather than just the number of publications when applying for EB1-A or EB1-B. USCIS officers look for evidence that your work has significantly influenced your field. A few highly-cited papers can be more persuasive than many publications with minimal citations.

EB2 Eligibility Categories

The EB2 visa has two standard categories plus the National Interest Waiver option:

EB2-A: Advanced Degree Professionals

You must have:

• A job offer requiring an advanced degree
• An advanced degree (master’s or higher) or
• A bachelor’s degree plus at least 5 years of progressive experience

EB2-B: Exceptional Ability

You must demonstrate exceptional ability in sciences, arts, or business by meeting at least 3 of 6 criteria, including:

• Degree relating to your area of exceptional ability
• 10+ years of experience
• Professional license
• High salary or remuneration
• Membership in professional associations
• Recognition for achievements

EB2-NIW: National Interest Waiver

This special category allows you to self-petition without a job offer if you can prove:

• You have an advanced degree or exceptional ability
• Your work has substantial merit and national importance
• You are well-positioned to advance that work
• It benefits the US to waive the job offer requirement

Processing Requirements: EB1 vs EB2

Labor Certification Requirement

One of the biggest differences between these categories:

• EB1: No labor certification required for any subcategory
• EB2: Labor certification (PERM) required except for National Interest Waiver cases

The labor certification process adds 6-12 months to the application timeline and requires employers to prove no qualified US workers are available.

Petition Filing Process

EB1 Process:

1. Skip labor certification
2. File Form I-140 directly
3. Include comprehensive evidence package
4. Wait for priority date to become current (much faster for EB1)
5. File Form I-485 or process through consulate

EB2 Standard Process:

1. Complete labor certification (PERM)
2. File Form I-140 after PERM approval
3. Wait for priority date to become current (lengthy for Indians)
4. File Form I-485 or process through consulate

EB2-NIW Process:

1. Skip labor certification
2. File Form I-140 with NIW evidence
3. Wait for priority date to become current
4. File Form I-485 or process through consulate

Wait Times: The Critical Difference for Indians

The most significant practical difference between EB1 and EB2 for Indian nationals is the priority date wait time:

Current Wait Times for Indian Applicants (2025)

• EB1: Approximately 1-2 years
• EB2/EB2-NIW: Approximately 5-10+ years

This dramatic difference exists because of country-specific annual visa limits. The EB1 category typically has fewer applicants from India, creating shorter backlogs compared to the heavily oversubscribed EB2 category.

Choosing Between EB1 and EB2: Decision Factors

Consider EB1 If:

• You have significant achievements with documentation
• You’ve received major awards or recognition
• You have published extensively with high citation counts
• You’ve served as a judge of others’ work
• You’ve been featured in professional publications or media
• You command a salary significantly higher than peers
• You’re a professor or researcher with international recognition
• You’re a multinational manager/executive being transferred to the US

Consider EB2 If:

• You have a master’s degree or higher in your field
• You have a bachelor’s degree plus 5+ years of experience
• You meet some but not enough criteria for EB1
• Your employer is willing to sponsor your PERM labor certification
• You have exceptional ability but limited extraordinary achievements
• Your work has national importance (for NIW)

Common Challenges in EB1 vs EB2 Applications

EB1 Common Challenges

• Meeting multiple criteria: Many applicants struggle to prove they meet at least 3 of the 10 criteria for EB1-A
• Proving sustained acclaim: Evidence must show continuing recognition, not just past achievements
• Comparative evidence: USCIS often requires proof you’re among the small percentage at the top of your field
• Misinterpreting criteria: Confusing participation in judging with mere peer review

EB2 Common Challenges

• Labor certification delays: The PERM process is time-consuming and subject to audits
• Long priority date waits: Indians face extremely long wait times
• NIW evidence standards: Proving national interest can be subjective and challenging
• Employer dependency: Standard EB2 ties you to your sponsoring employer during the process

FAQs About EB1 vs EB2 Visas

Can I apply for both EB1 and EB2 simultaneously?

Yes, you can have multiple I-140 petitions filed in different categories concurrently. This strategy provides a backup if one petition is denied and potentially allows you to use the earlier priority date if both are approved. However, you’ll need to pay separate filing fees for each petition.

Which is easier to get approved, EB1 or EB2?

EB2 generally has a higher approval rate because its qualification standards are more straightforward and objective. The EB1 category’s “extraordinary ability” and “outstanding researcher” standards are more subjective and scrutinized more heavily. However, for Indians, the trade-off is a much longer wait time with EB2.

If I qualify for EB1, should I consider EB2 at all?

If you genuinely meet EB1 criteria, it’s almost always advantageous to pursue that category first, especially for Indian nationals, due to the significantly shorter wait times. However, having an EB2 petition as backup provides insurance against an EB1 denial.

Can I upgrade from EB2 to EB1 if my qualifications improve?

Yes, if you develop qualifications that meet EB1 criteria after filing an EB2 petition, you can file a new I-140 in the EB1 category while retaining your original priority date. This strategy is particularly valuable for Indians facing long EB2 backlogs.

How much faster is premium processing for EB1 and EB2?

Premium processing reduces the I-140 petition decision timeframe to 15 calendar days for both EB1 and EB2 categories, compared to regular processing times of 6-12 months. The additional fee is $2,500 as of 2025. However, premium processing doesn’t affect PERM timelines or priority date waits.

Bonus Tips for Choosing Between EB1 and EB2

Get an honest assessment from an experienced immigration attorney.

Many applicants overestimate their qualifications for EB1. A knowledgeable attorney can evaluate your credentials objectively.

Build your case strategically.

If you’re close to qualifying for EB1, consider taking strategic steps to enhance your profile, such as publishing articles, participating as a judge in competitions, or securing patents.

Consider the employer factor.

EB1-A and EB2-NIW allow self-petition, while other categories require employer sponsorship. This distinction may influence your decision based on your employment situation.

Evaluate your long-term career plans.

Standard EB2 ties you to your employer until your I-485 has been pending for 180 days, while EB1-A and EB2-NIW offer more flexibility.

Research recent USCIS adjudication trends.

Approval standards for both categories fluctuate with policy changes and administrative priorities.

💡 Pro Tip: If applying for EB1-A or EB1-B, create a citation report showing not just raw citation numbers but how they compare to field averages. Tools like Google Scholar or field-specific indices can generate reports showing your citation rates compared to peers. USCIS officers find comparative data more compelling than absolute numbers, especially if you can demonstrate your citation impact ranks in the top percentiles of your field.

Key Takeaways: EB1 vs EB2 Comparison

• EB1 has stricter eligibility requirements but faster processing for Indians
• EB2 is more accessible qualification-wise but has much longer waits for Indians
• EB1 never requires labor certification; standard EB2 always does
• Self-petition is possible with EB1-A and EB2-NIW
• Both categories allow dependents (spouse and unmarried children under 21)
• Premium processing is available for the I-140 stage in both categories
• The National Interest Waiver provides a middle ground with EB1-like process but EB2-like wait times
• For Indians, the priority date wait time difference is typically several years

For most Indian professionals, the ideal strategy is to pursue EB1 if there’s a reasonable chance of qualification, due to the dramatically shorter wait times.

However, EB2 remains a solid option for those with advanced degrees or exceptional ability who don’t meet the higher EB1 standards.

I wish you success on your US permanent residency journey!

Carefully evaluating which category best fits your unique qualifications will help you navigate the most efficient path to your green card.