Comparison between EB-1 VS EB-2 visas

Comparison between EB-1 VS EB-2 visas

Foreign nationals can settle in the U.S.  through the Employment-based immigration categories if they are extraordinary or have advanced degrees. EB-1 and EB-2 are the two categories of Employment visas: EB-1 and EB-2 visas are typically prepared to bring talented applicants to the country. Comparison between EB-1 VS EB-2 visas

 

The EB-1 visa is the first preference category for applicants who are leaders in the fields of science, art, education, business, or athletics. Whereas the EB-2 visa is the second preference employment-based visa for individuals with advanced degrees or applicants with exceptional ability in art, science, or business. 

 

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Subcategory of EB-1 and EB-2 visas

Both employment-based visas have different subcategories through which various foreign nationals can apply for other visa subcategories. Below are the subcategories of EB-1 and EB-2 visa:

 

Visa Category	Eligible candidates
EB-1 visa	Outstanding professors and researchers  (EB1-A) Certain multinational executives and managers  (EB1-B) Professionals who have extraordinary abilities in any of the following (EB1-C): Arts Athletics Business Education Sciences
EB-2 visa	EB-2A immigrant Visa – Advanced Degree EB-2B immigrant Visa – Exceptional Ability EB-2 immigrant Visa – National Interest Waiver

 

Requirements to apply for EB-1 VS EB-2 visas

Here are the requirements to apply for EB-1 VS EB-2 visas:
 

EB-1 visa requirements
Extraordinary Ability	Applicants must demonstrate extraordinary ability via a one-time achievement (like a Pulitzer, Oscar, or Olympic Medal) or through documentation.
Outstanding Professors and Researchers	Must be recognized internationally for outstanding achievements in a particular academic field, have at least three years of teaching or research experience, and enter the U.S. Must have teaching or a comparable research position at a university or other institution of higher education.
Multinational Manager or Executive	Must have been employed outside the United States three years before the petition organization.
EB-2 visa requirements
Advanced Degree	The applicant position requires an advanced degree (beyond a baccalaureate degree) a baccalaureate degree and at least five years of progressive experience in the profession.
Exceptional Ability	Applicants must show exceptional ability in the sciences, arts, or business, which means a degree of expertise significantly above that ordinarily encountered.
National Interest Waiver	Applicants can seek a waiver of the job offer and labor certification requirements if their admission is in the national interest.

 

Job offer requirements

For EB-1 visa and EB-2 visa both have different job offer requirement.
 

Visa	Job offer requirements
EB-1 visa	Does not require a specific job offer from a U.S. employer.
EB-2 visa	Requires a job offer that necessitates the applicant’s specialized skills.

 

Perm Requirement

The PERM (Program Electronic Review Management) certification by the U.S. Department of Labor (DOL) allows a U.S. company to hire a foreign professional for a permanent position in the country.
 

Visa	PERM requirement
EB-1 Visa	The PERM labor certification is not necessary. This exemption facilitates a more streamlined application process for employers sponsoring individuals with extraordinary abilities, outstanding academic or research credentials, or those transferring as multinational executives or managers.
EB-2 Visa	The EB-2 visa category mandates the completion of the PERM process. This labor certification is required for the EB-2 visa application, as it proves that no qualified, willing, able, and available U.S. workers can occupy the position in question.

 

 

Application Procedure 

 

EB-1 visa process is broken into three main procedures:

Step 1: File the I-140 Petition

Step 2: Set the priority date when USCIS receives an employment-based visa petition

Step 3: The last step is to adjust the status and get your visa
 

Whereas for the EB-2 Visa the application procedure differ as:

Step 1: Employer must file Form I-140: Petition for Alien Worker.

Step 2: The second step is to file for Permanent Labor Certification using the Program Electronic Management Review system (PERM)

Step 3: Wait until your priority date is fixed
 

Processing time of EB-1 visa and EB-2 visa

Below are the processing fees of EB-1 visa and EB-2 visa:

 

Visa	Processing time
EB-1 visa	8 to 23 months
EB-2 visa	6.9 months

 

Processing fees of EB-1 visa and EB-2 visa

Below are the processing fees of EB-1 visa and EB-2 visa:

 

Visa	Processing fees
EB-1 visa	$700
EB-2 visa	$715

 

EB1 and EB2 visas offer pathways to permanent residency in the country but have different qualifications and unique processes. Foreign nationals can apply depending on specific requirements for each, which will help them choose the best path to settle in the US.

 

*Want assistance for US Immigration? Talk to Y-Axis, the world’s No. 1 overseas immigration consultancy for end-to-end support.