EB-1 & EB-2 Visas

 

“The EB1 and EB2 visas, which are employment-based, may cause a great deal of confusion. This article examines how EB-1 & EB-2 Visas differ and how to choose which one to apply for.”

EB-1 and EB-2 differences

EB-1 VISA

Scientists, artists, educators, business people, or athletes qualify for the EB-1 visa as their first preference category. The EB-1 falls into three subcategories:

EB-1A – This subcategory is for those with exceptional ability and is in the top 10 percent of their field. There are ten eligibility criteria in this subcategory. It is necessary to meet at least three of these requirements.

A high salary or international awards are typically required. There is no need for a sponsoring employer or job offer for applicants who qualify for EB-1A.

EB-1B – Outstanding researchers and professors are eligible for this subcategory. To be eligible for EB-1B status, an applicant must have experience in their field.

Furthermore, you must have international recognition, at least three years of work experience, and a permanent job offer. There are also six different eligibility requirements for EB-1B. It is necessary to meet at least two of them.

EB-1C – This category is available to executives and managers of multinational companies with branches in the United States and abroad. You must meet USCIS requirements for executive and manager status.

EB-1C applicants must have worked as executives or managers in the company’s foreign branch for at least one year before applying. Obtaining this green card requires a lot of time.

EB-1 green cards do not need PERM Labor Certification, and this category’s priority dates are always current. The DOS Visa Bulletin provides an update on priority dates.

 

EB-2 VISA

EB-2 visas are employment-based visas of second preference. EB-2 visas are for individuals with advanced degrees (above bachelor’s degrees) or exceptional abilities in the arts, sciences, or business. The EB-1 class does not include students who have excelled academically and athletically.

Do you have a physical therapy certification? Find out if you qualify for an EB-2 green card as a physical therapist.

Green cards in the EB-2 category need an employment offer and PERM certification. In certain circumstances, however, USCIS may waive the PERM labor certification for an applicant for an EB-2 visa if it determines the waiver is in the national interest.

National Interest Waiver (NIW) applicants must submit certain documentation with their EB-2 application to qualify. Are you without an advanced degree? The EB2 green card process, including how to qualify without an advanced degree, is clearly explained here.

 

EB1 vs. EB2 NIW

In the same way that other employment-based visas need labor certification processes, an NIW visa can be an option for those who want to skip this step. The EB-2 NIW has the advantage of being self-partitionable, so employers are not required to sponsor it. For EB-1 applicants, the same applies.

To qualify for an NIW, you must demonstrate skills in the United States’ interest and warrant the waiver of the job offer requirement. Furthermore, you must prove exceptional ability or an advanced degree. NIWs must meet the following criteria:

• Both merit and national importance are inherent in the proposed endeavor.
• The proposal is well suited to your strengths.
• Having the labor certification requirements waived would be beneficial to the United States.

NIW petitions filed under EB-2 do not qualify for premium processing. So, it is necessary to consider your qualifications when comparing EB1 and EB2 NIW. It is best to consult a qualified immigration attorney when deciding whether EB1 is the best option for you or if you wish to switch categories from EB2 to EB1.

 

EB-1 advantages over EB-2

Ability to sponsor yourself EB2 vs. EB1

In this preference category, applicants are not required to have a job offer and can self-petition without the involvement of employers.

 

Generally shorter priority date waiting time

Furthermore, priority date waiting times for EB-1 green cards are shorter than for EB-2 green cards. In both categories, priority dates depend on the applicant’s country of citizenship, but EB-1 tends to have fewer applicants due to its higher requirements. For a precise priority date before making any decisions, you should check the visa bulletin first.

 

Eligibility to waive PERM labor certification

The EB-1 visa does not need the PERM labor certification process. When the DOL processes PERM, it may take between four and six months. You can wait even longer to receive an audit review notice. The green card process will significantly accelerate if you qualify for an EB-1.

 

Concurrent filing

EB-1 petitions can often be concurrently prepared, which speeds up the process.

 

Early work authorization for your relatives

Consider submitting your I-485 and I-140 petitions simultaneously. Hence, your spouse and children can get employment before their green card application passes with early work authorization.

 

A disadvantage of the EB-1 over the EB-2

More stringent requirements

Many applicants do not qualify for the EB-1A, which has the most stringent requirements of all green card categories. Qualifications may require top percentiles in various fields, for example.

 

Advantages of EB-2 compared to EB-1.

EB-2 visa requirements are lower than EB-1, so more applicants can qualify for EB-2 visas. Only individuals with the highest recognition and achievements in their fields are eligible for the EB-1, especially the extraordinary ability subcategory.

Because of this, the EB-2 is accessible to a broader range of people. EB-2 NIWs, which allow self-petitioning as with EB-1A, is even more helpful.

 

Disadvantages of EB-2 compared to EB-1.

Regardless of the subcategory, it depends on your country of origin if you qualify for the EB-2. Due to this, you may have to wait a little longer than you would in the EB-1 category, particularly if you come from a country with a long waiting list.

Furthermore, you may find it more challenging to provide substantial evidence to support your EB-2 NIW application, despite its advantages:

• It is both “nationally significant” and “substantially meritorious” to undertake the project you propose.
• This project is well suited to your abilities.
• Overall, waiving job offers and labor certification requirements would benefit the U.S.

 

Which green cards have priority dates?

You don’t care what kind of green card you get, whether an EB-1 or an EB-2. It doesn’t matter. Priority dates will be important. Listed below is a quick explanation of the priority date.

The USCIS receives your petition on the priority date. Every month, the Department of State publishes a visa bulletin listing “final action” dates for different green card categories.

To check your priority date, you must look at the monthly bulletins. Adjusting your status requires filing an I-485 petition or going through consular processing once your priority date meets or passes the final action date in your country and category.

Once your I-140 has passed, you can move forward if the category and country data are up-to-date.

 

Does the change of status have any differences?

Green cards EB-1 and EB-2 both need the same adjustment of status process. Your I-485 petition must be submitted to USCIS once your priority date has become current. An employment letter, medical exam records, affidavits of support, etc., are typically required supporting documents. Your I-485 petition will be approved, and you will get a green card proof of your legal residency.

 

Green cards EB-1 and EB-2 consular processing

As for consular processing, both green cards follow the same method. National Visa Center (NVC) will receive your approved I-140 petition from USCIS. The NVC will notify you of receipt once that has taken place. The NVC will also inform you when and how to submit your supporting documents for visa processing, including:

• It is necessary to get the I-140 petition copy
• Approval Notice
• I-140 Petition Receipt Notice
• Documents proving your birth
• Certificate of marriage
• Passport valid
• Records of criminal activity

Your appointment notice will be generally sent after you provide the above records and other country-specific documents needed at the embassy or consulate for your medical exam, biometric screening, and interview.

Then you can become a lawful permanent resident (green card holder) in the United States if you have a successful interview.

 

Should I get a PERM Labor Certification or documentation of recognition?

EB-1 green card applicants do not need PERM Labor Certifications, so they must prove additional expertise and leadership in their qualified field. To qualify for EB-1 status, the applicant must, for example, receive international recognition awards that prove their exceptional achievements.

 

 

Alternatively, applicants for EB-2 status with exceptional abilities do not need to provide proof of national or international recognition. Nevertheless, they should hold educational certifications and contribute to their field.

Assume the EB-2 applicant does not file a petition for National Interest Waiver. A U.S. employer must offer an employment offer for the applicant to get a PERM Labor Certification.

 

EB-1 vs. EB-2 processing times

EB1 green card processing time

The processing time for EB-1 green cards is generally faster than that for EB-2 green cards. The reasons for this are two:

• The EB-1 Green Card process goes much faster since it does not require PERM certification.
• Priority dates are available for all countries with chargeability. Visa numbers will be available the month after your petition goes through.
• Because of these two factors, your I-140 petition will only take a few days to be reviewed and processed. In some cases, it may take several months to complete this process, depending on how busy your local USCIS center is.

 

EB2 green card processing time

It takes longer for EB-2 petitioners to receive their priority dates since a Labor Certification is required, and Indian and Chinese petitioners must wait several years before receiving their priority dates.

A total of 140,000 employment-based immigrant visas are fully granted by the USCIS each year. This may need applicants from lower green card preference categories to wait a considerable amount of time before they can receive a visa number.

An employer must file an I-140 petition after an applicant’s LCA has passed. It would then be necessary to wait until the DOS confirms their current priority date. Applicants whose priority dates have not been current for a long time will have their petitions delayed until much closer to their priority dates.

Nevertheless, the USCIS will not affect your priority date based on how it prioritizes your I-140. You should receive a response before your priority date becomes current.

For these applicants, the EB-2 green card processing time is lengthy due to the long wait for adjustment of status (I-485) applications. It is possible to find out whether visa numbers are available for EB-1 and EB-2 categories in the Department of State visa bulletin.

 

Can we use premium processing?

For an additional fee, the USCIS offers premium processing, which expedites petition processing to 15 calendar days. A petition known as I-140 shortens the processing time for EB-1 and EB-2 visas.

However, it would help if you kept some things in mind before premium processing. Firstly, it cannot serve for any other forms in the green card process, only for the I-140. The USCIS will only be able to decide in a shorter period, not increase your chance of approval.

As a final note, premium processing is unavailable for managers and executives filing an EB-1C green card petition and national interest waiver petitions.

 

Which green card should we choose?

There are several categories of green cards available, and each applicant’s choice of one will depend on their preference and whether they qualify. EB-1s, for instance, might be more advantageous than EB-2s if you meet the criteria.

But if you do not have that level of achievement and experience, the EB-2 category may be your best option. To make an informed decision, you should speak to an immigration expert.

 

Is it possible to apply for both?

Fortunately, there’s no need to choose. There is no restriction on applying for both an EB-1 and an EB-2 green card simultaneously. Additionally, you can submit multiple green card petitions without restriction.

If you are considering applying for the EB-1 and the EB-2 simultaneously, it is more likely that you will be selected. Doing this makes you more likely to be approved for both if USCIS doesn’t approve one.

If USCIS approves both of your applications, you may choose whichever green card best suits your needs. It is important to note that both petitions need fees to apply.