Today we’ll dive deep into EB-1 and EB-2 visa categories analysis and see how they work. One thing for sure — they both are vital for foreign professionals with exceptional abilities looking to reside in the U.S.
Before we jump straight in — we need to develop a profound understanding of both visas, like what is needed for the successful application and some other nuances.
Three types of EB-1 visa:
The EB-2 visa category is for individuals who hold an advanced degree or its equivalent, or who have exceptional abilities in a professional field.
To be eligible, either a U.S. employer needs to sponsor the application, or the applicant can self-petition through the National Interest Waiver (NIW).
There are three types of EB-2 visa:
To qualify,
at least 1 of 2 points needs to be completed:
EB-2C (= EB-2NIW) –
It is intended for foreigners with extraordinary abilities who can show that their work will contribute to the development of the country, meaning it represents a national interest for the U.S.
To qualify,
you need three things:
Having a quick look at EB-1 and EB-2 visa statistics we can clearly see that EB-2 visa is in much higher demand amongst highly skilled professionals. It is 2 to 4 times more EB-2 petitions filed each year compared to EB-1, especially when EB-1 and EB-2 visas are unavailable.
Overall, EB-2 visa has a higher approval rate — it’s 87% vs approximately 81% for EB-1. The EB-1A approval rate also reflects this trend, making EB-2 a better choice for many applicants. Though visa denial can still happen in both categories.
As we look at the charts, there’s a noticeable increase in EB-2 applications, rising from 84,000 to 114,000 between 2022 and 2024, showcasing its growing popularity. Interesting to note that EB-2 visa has kept its consistent approval rate of 94% from 2016 to 2021.
EB-1 vs EB-2 Visas: Comparison
Both the categories offer ways to permanent residency in the U.S, though their criteria, processing times and eligibility requirements are different. In the table below, you can see a profound comparison of those categories to help so that you can choose and have a better understanding which one suits best with your qualifications, whether you’re a globally recognized expert, a teacher with advanced credentials, or a professional seeking NIW options.
EB-1 category is intended for those with extraordinary abilities and achievements, like Nobel prize laureates, Pulitzer winners, or internationally acclaimed researchers, teachers, and artists. To be eligible, applicants should show sufficient national or international recognition through awards, publications, or peer recognition.
A huge perk of EB-1 is its faster processing time compared to EB-2, as premium processing is often available. Moreover, EB-1 applicants usually avoid labor certification, making the filing process faster.
EB-2 category is intended for those with advanced degrees (e.g., master’s or PhD) or extraordinary ability in fields like business, science, or education. Comparatively, EB-2 usually requires employer sponsorship and labor certification, the NIW subcategory allows independent filing for those whose work benefits the U.S. (e.g., public health, infrastructure, or education).
Key Differences: EB-1 vs EB-2
To help you choose the right category that suits your needs, we’ve made a comparative EB-1 vs EB-2 table: it shows main requirements and criteria, processing time, and sponsorship details.
| Criteria | EB-1 (talent visas) | EB-2 (visas for professionals) |
|---|---|---|
| For whom | People with outstanding, internationally recognized achievements | Specialists with higher education or extraordinary abilities |
| The criteria and categories of evidence | For EB-1A: 3 out of 10 criteria (awards, publications, memberships, etc.). Learn more here | For EB-2: 1 out of 6 criteria (degree + experience or exceptional abilities). For EB-2 NIW, it is also necessary to show 3 additional criteria: 1. National importance of the project 2. Competence of the applicant 3. Benefits for the U.S. |
| Examples | Famous scientists, professors, top managers, Olympic champions | Professionals with Master’s or PhD degrees, experts with exceptional abilities in science, arts and business, scientists, researchers, innovators |
| Achievement requirements | Very high standards are required, including international awards, publications, and recognition | A master’s or bachelor’s degree plus experience is enough, or “extraordinary abilities” |
| Employer necessity and self-petitioning | Not required (you can apply yourself) | A sponsor employer is needed for all visa categories except EB-2 NIW |
| Labor Certification (PERM) | Not required | Required for all visa categories except EB-2 NIW |
| Deadlines | Faster processing is available (15 days). The absence of an employer and PERM also speeds up the process | Longer processing time, no fast processing available. PERM and employer search add extra time. The exception is EB-2 NIW |
| Chances of approval | Lower, the requirements are stricter | Higher, the requirements are not that strict |
| Main focus | On recognition and uniqueness of the candidate | On education, experience and benefit to the U.S. |
Both the categories (EB-1 and EB-2) are employment-based visa categories. So your eligibility is closely connected with U.S. labor law and immigration policies. So, the state government should be convinced that your talent is in demand and really unique, and that there are no suitable candidates for your position on the American labor market. PERM (Program Electronic Review Management) Labor Certification helps with this.
Ultimately, PERM is the process of ensuring that there are no suitable U.S. applicants for your position. Still, does EB-1 ask for PERM? The answer is no; PERM is not required for EB-1 and EB-2 NIW, which saves applicants 6-12 months. This is a huge advantage for those applying under the EB-1 category.
For other EB-2 categories, however, is PERM required for EB-1? The answer is still no, but for other EB-2 categories, PERM is indeed required, which could slow down the process a bit.
How long does the PERM process take, you may ask: well, it depends. The timeline is affected by the complexity of the case, whether an audit is scheduled, and so many other factors. If an audit is scheduled for a case, the process can take several months longer. The most accurate forecast for the PERM process is between six and 25 months. To refine this timeframe to a more specific range, it is better to consult experts.
To put it short: yes, EB-1 is typically faster than EB-2. The law does not prohibit you from filing more than one petition (for example, EB-1 and EB-2, including EB-2 NIW) at the same time if you are eligible for both categories. The petitions will be seen independently, meaning a decision on one will not affect the processing of the other.
To tell the truth, filing EB-1 and EB-2 at the same time really increases your chances of success. USCIS reviews applications separately, so if one petition is denied, the second might still get a green light. While filing concurrently does not speed up the processing of each individual petition, it allows you to take advantage of the fastest category if it gets “current” quicker according to the Visa Bulletin or if there is less of a waiting list.
If both EB-1 and EB-2 petitions are approved, you can choose which one to follow next (for example, for Adjustment of Status).
Pros and Cons of Applying for EB-1 and EB-2 at the Same Time
• Increases your chances of success by having several options
• You can take advantage of the faster processing times of EB-1 category if you get approval for it sooner
• Provides variability in your immigration options if both petitions are approved
• Costs could be higher due to state fees, legal services, and document collection for both petitions
• You should have a full package of evidence on hand — for each category separately. No doubt, it takes more time and resources
• It is important to make sure that the data in both petitions do not contradict each other
Let’s take a detailed look at EB-1 vs EB-2 petition process steps, which will help clarify which is tougher to get: EB-1 or EB-2. We’ll also explain the different criteria for both the categories. For your convenience, we’ve broken down all the information in the table below.
| Process step | EB-1 (Extraordinary Ability) | EB-2 (Advanced Degree/Exceptional Ability) | EB-2 NIW (National Interest Waiver) |
|---|---|---|---|
| 1. Self-assessment and preparation | Case shaping, evidence building (3 out of 10 criteria) | Eligibility verification: Master’s/Bachelor’s degree + experience, or “outstanding ability” | EB-2NIW eligibility verification: the education, experience, project |
| 2. Preparation of supporting Documents | A full package of evidence preparation. Gaining letters of recommendation | PERM: collection of documents for employers, preparation of vacancies | Preparation of EB-2NIW evidence, gathering letters of recommendation |
| 3. labor certification (PERM) | Not required | Required: Prevailing Wage, Recruiting, PERM (10-18 mos) | Not required |
| 4. I-140 Filing | Self-petitioning with a full packet of documents | Submitted by the employer after PERM | Self-petitioning with a full packet of documents |
| 5. I-140 Review * | 6-12 mo (usually), 15 days with Premium Processing | 6-12 mo (usually), 15 days with Premium Processing | 6-15 mo (usually), 45 days with Premium Processing |
| 6. Waiting List (Visa Bulletin) | It’s usually faster to get “current” | There may be a long wait, especially for India and China | There may be a long wait, depends on the country |
| 7. I-485 Filing / Consular Processing | After I-140 approval and status change to “current” | After I-140 approval and status change to “current” | After I-140 approval and status change to “current” |
| 8. Green Card Process | Minimum: 2-3 months (I-140 under Premium Processing plus expedited consular procedure). Maximum: 20–24 months if USCIS offices/interviews are busy | Minimum: 16-18 months (quick PERM + Premium Processing I-140 + quick AOS). Maximum: 30-36 months (for PERM audits or interview delays) | Minimum: 8-9 months. (Premium Processing I-140 + quick AOS). Maximum: 12-24 months |
When you’re looking at the Green Card process through EB-1 and EB-2, it’s better to remember that obtaining a Green Card is a separate, final step in your journey. So, you may wonder: what is the difference between EB-1 and EB-2 Green Card processes?
After the approval of the I-140 petition, the process of getting a Green Card goes by two main pathways for both categories (EB-1 and EB-2):
Both of these pathways are important steps in getting a Green Card through EB-1 or EB-2, and knowing all the differences between them will help you choose the most preferable option for your situation.
• Once your I-140 is approved (or while it’s still being processed), you’ll need to complete another form known as the I-485
• This form is for adjusting your status without having to leave the U.S
• You can also submit applications for a work permit (I-765) and a travel permit (I-131)
• These applications allow you to work and travel while you wait for your status adjustment
• Wait for your I-797 form — this is the official USCIS notice that confirms your petition has been approved
• Receive your NVC letter, which will include a link to create your personal account using your case number
• Gather all required documents and send your complete package to the address provided in the NVC letter
• Wait for confirmation that your documents have been received and reviewed
• Schedule your interview once you get the go-ahead
The main difference between EB-1 and EB-2 Green Card processes is connected with the I-485 application for those who are already in the U.S. You can’t file the I-485 Adjustment of Status application until your “priority date” is current.
For EB-1 category, most countries have an immediate “current” status, meaning there’s no waiting list and visas are available for all applicants. Though, this doesn’t apply to countries with a high number of applications, like India and China.
If your visa category is listed as “current” on the Visa Bulletin (indicating that visas are available), you could submit both your I-140 (immigrant visa petition) and I-485 (application for change of status) simultaneously. This helps speed up the process since you won’t have to wait for the I-140 approval or for your turn in the Visa Bulletin line — both steps could happen at the same time.
On the contrary, for EB-2, the “current” status typically comes later, especially for applicants from India and China. This means you usually need to file the I-140 first, wait for it to be approved, and only then file the I-485 when your priority date becomes current. This can make the overall process longer.
Overall, while the Green Card processes for EB-1 and EB-2 are quite similar, the main difference is that EB-1 often allows for simultaneous filing of forms, resulting in shorter final time of waiting.
| Expense category | EB-1 | EB-2 | Notes |
|---|---|---|---|
| 1. State fees | |||
| I-140 | $715 | $715 | For EB-1A, the applicant pays (self-petitioning cases); for EB-1B/C, the employer pays. For EB-2, employer pays (except EB-2NIW, self-petitioning cases). |
| I-485 (AOS) | $1,440 | $1,440 | Only when filed inside the U.S. |
| DS-260 (consular form) | $345 | $445 | For filing through a consulate outside the U.S. |
| Premium Processing (I-140) | $2,805 | $2,805 | Expedited I-140 review in 15 days (EB-1) or 45 days (EB-2 NIW). |
| 2. Attorney Services | |||
| Case study and petition preparation | $5,000–$15,000 | $3,000–$10,000 | For EB-1A/EB-1C and EB-2 (including PERM/NIW). Amounts vary depending on the complexity of the case. |
| Consular processing | $4,000–$6,000 | $4,000–$6,000 | For filing outside the United States. |
| 3. Medical Expenses | |||
| Medical checkup | $100–$500 | $100–$500 | Depends on the clinic and region. Average cost is $200. |
| 4. Additional charges | |||
| PERM (EB-2 only) | ❌ Not required | $3,000–$10,000 | Includes vacancy advertising, wage determination and auditing. |
| Translation of documents | $30–$100 per page | $30–$100 per page | Depends on the language and complexity. |
| Criminal record certificate | $20–$100 | $20–$100 | Depends on the country. |
| Affidavit of Support (I-864) | $0 | $0 | Required for consular processing. |
| Advance Parole (I-131) | $630 | $630 | Optional. |
| Work Permit (I-765) | $260 | $260 | Optional. |
Key Considerations:
When comparing costs of EB-1 vs EB-2 visas, we should understand the differences in fees and complexity of each category. Services for EB-1A (self-petitioning) and EB-2 NIW are sometimes a bit more expensive due to the complexity of the required evidence. However, EB-2 with PERM is normally cheaper, but additional costs for labor certification might be applied.
The main costs for both categories include state filing fees, which range from $715 to $2,805, and attorney fees, which could vary between $3,000 and $15,000. When evaluating EB-1 vs EB-2 visas cost, these factors play a big role when defining the total sum of expenses.
Thus, knowing the full scope of costs — including visa fees and legal services — is important when choosing between EB-1 and EB-2 options.
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