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By comparing EB-1 and EB-2 green card pathways, it is possible to discuss two of the best options for obtaining permanent residency in the U.S. EB-1 is the choice for the best individuals in their respective fields: venture-backed founders, venture-backed executives, published researchers, and industry professionals. EB-2 is applicable to professionals with higher education or extraordinary talent.  

Being aware of which category to place yourself under may save you months or even years of waiting time and increase your chances of approval.  

EB-1 vs EB-2 Overview

EB-1 is divided into three types: extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers or executives (EB-1C). Beyond Border data indicates that common winners are venture-backed founders, researchers with numerous citations, and professionals at industry-leading companies like Meta and Netflix, who have won industry awards and received the highest ratings from the press.  

EB-2 is applicable to professionals with higher graduate degrees or extraordinary talent. It has two paths: the standard EB-2, which requires employer sponsorship and PERM labor certification, and the National Interest Waiver (NIW), which allows you to self-petition in case your work is beneficial to the national interests of the U.S. USCIS data shows EB-2 NIW approval rates exceeded 90% in FY 2023 before normalizing to the low-80% range in FY 2024.

EB-1 Subcategories Breakdown

EB-1A (Extraordinary Ability) allows individuals to petition without securing employment with an employer in the United States. Senior executives, entrepreneurs, and scientists or engineers often make use of it. In order to qualify, you must reveal that you have achieved national or international recognition. This may take the form of awards, publications in leading journals, numerous citations, very high pay, and strong recommendation letters. The EB-1A green card does not need a U.S. job offer.

EB-1B(Outstanding professors and researchers) presupposes experience of teaching or research for at least three years. You must also possess publications in leading journals and an invitation to a permanent position in a U.S university or research institute. The EB-1B green card also requires international recognition, including grants or awards.

EB-1C (Multinational managers and executives) needs one year of experience in a managerial position or an executive position outside the U.S within the past three years. Citibank and Dell are some of the companies that tend to follow this route. USCIS desires to know that you excelled in authority for the organization, as opposed to only being in charge of a few individuals. Differences between a manager and a functional manager should be checked on the EB-1C requirements.

EB-2 Pathways Breakdown

EB-2A (Advanced Degree) requires a master's degree or higher, or a bachelor's plus five years of progressive work experience. "Progressive" means increasing responsibility, not just years. The EB-2 PERM process adds 6-12 months as employers must prove no qualified U.S. workers are available.

EB-2B (Exceptional Ability) requires at least three forms of evidence: academic records, ten years of experience letters, professional licenses, memberships, recognition for achievements, or high-salary proof.

EB-2 NIW (National Interest Waiver) eliminates PERM and allows self-petition. You must prove, under the Dhanasar test, that your proposed endeavor has substantial merit and national importance, that you're well-positioned to advance it, and that waiving requirements benefits the United States. The EB-2 NIW green card appeals to STEM professionals, healthcare workers, startup founders, and researchers. Beyond Border helps develop compelling proposed endeavor documents. See NIW proposed endeavor examples.

EB-1 vs EB-2 Comparison Chart

For alternative pathways, review EB-2 vs EB-3 for downgrade strategies and EB-1 vs EB-2 NIW for self-petition comparison.

Eligibility & Evidence Comparison

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EB-1 Requirements

In the case of EB-1A, one has to satisfy at least three out of ten USCIS requirements. These are winning awards, being covered in the big media, making big original contributions, doing reviews of other work, having a high salary, membership in exclusive organizations, or getting a top position in popular corporations. Applicants with high success tend to be the founders of venture-backed startups that have raised large amounts of money, senior employees of established companies, or individuals with more than 100 publications in leading journals. The average time to build an EB-1A profile is 8-12 weeks.

EB-1 B must also be recognized internationally by publications, citations, working on the work of others and letters of independent experts. You need to have three years of experience and a permanent research position or tenure position.

EB-2 Requirements

EB-2A focuses on education. You must have a master degree or above or bachelors degree with 5 years of progressive employment following that. Foreign degrees equivalence is significant.

EB-2B requires providing evidence of exceptional ability in at least three of the following guidelines: good academic history, not less than ten years of working experience as expressed in letters, professional licensure, high salary, exclusive society membership, or high-end peer approval.

EB-2 NIW uses the Dhanasar test. The point is that it has to demonstrate that the work is: (1) of great merit and national significance, (2) that you are in a good position to promote it, and (3) that it would be of benefit to the country that the job offer requirement be waived. The project is expected to be associated with such aspects as STEM, community health, critical infrastructure, clean energy, or economic development. Examples in particular fields can be more detailed.

Evidence Standards

EB-1 requires "extraordinary" ability-top 1-5% of your field with third-party validation: major awards, tier-1 press coverage, high citations, expert letters, or exceptionally high remuneration documented through W-2s and industry data.

EB-2 focuses on credentials rather than public recognition. "Exceptional ability" is lower than "extraordinary"-expertise significantly above average, not necessarily top-tier acclaim. For EB-2 NIW, proposed endeavor quality and recommendation letters are often more critical than media coverage. Historical EB-2 approval rates show increased USCIS scrutiny since 2024.

Processing Time & Timeline Comparison

EB-1 Processing

EB-1 bypasses PERM, and it saves a year or two. The I-140 form normally takes 4-6 months, but can be completed within 15 days by paying the $2,805 premium processing fee. The I-485 form takes 8-18 months. The current priority date applies in most countries, except India and China, so you can make the two steps concurrent.

Duration: 12-24 months for the majority. The EB-1's faster speed is evident. See the complete EB-1-to-green-card schedule.

EB-2 Processing

The standard EB-2 requires a PERM audit, which takes 6-12 months; the employer must hire, evaluate, and offer a salary, and obtain approval from the Department of Labor. The PERM is a complex and expensive process for the employer.

EB-2 NIW eliminates the PERM process, reducing the time to 12-24 months. The I-140 has a standard processing time of 4-8 months, or 15 days for premium processing. NIW timing is similar to EB-1A.

The typical EB-2 processing time, including PERM to the green card, is 18-38 months.

Priority Date & Visa Bulletin Impact

Priority dates indicate when you can apply for a green card. Most countries have an EB-1 date that is current. However, in the case of India, the EB-1 backlog is 18-24 months, and the same applies to China. Examine EB-1 India date estimates.

EB-2 backlogs are much worse. As of Jan. 2026, India has an EB-2 priority date 10-15 years behind the United States, so a current I-140 application will not allow you to submit an I-485 until around 2036-2041. China’s EB-2 backlog is 2-4 years. EB-1 would be more suitable in the case of Indians. Check EB-2 and EB-3 in case you have to downgrade.

Priority Date Backlog Comparison:

Approval Risk & Approval Difficulty

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EB-1 Approval Trends

USCIS data (FY 2018-2024) shows EB-1A approval rates ranging from 47.9% (2019) to 72.8% (2023), averaging 60-65%. The EB-1 approval rate has stabilized around 70-72%.

Common RFE triggers include insufficient sustained acclaim, awards limited to a single organization, citations/media not in "major" publications, weak expert letters, and failure to meet the "final merits determination." The EB-1A RFE guide provides response strategies. Understanding the EB-1A policy manual helps strengthen petitions.

EB-2 Approval Trends

EB-2 NIW approval rates reached 96.7% in FY 2023 (31,000+ approvals) before normalizing to 81.5% in 2024 (27,000 approvals) as USCIS tightened standards. The EB-2 approval rate shows that well-documented petitions maintain high approval odds.

Common RFE triggers include proposed endeavours lacking national scope, insufficient "well-positioned" evidence (Prong 2 failure), a weak connection between past and future work, and limited national importance documentation. Beyond Border recommends a comprehensive NIW evaluation before filing.

Difficulty Comparison

EB-1 requires top-tier status (in the top 1-5% of the field) with third-party validation. Preparation: 8-12 weeks. EB-2 NIW has a lower bar-advanced degree or exceptional ability plus compelling proposed endeavours. The Dhanasar test is subjective. Preparation: 6-10 weeks. See NIW business plan requirements.

Country-Specific Considerations

Can You File Both EB-1 and EB-2 Simultaneously?

Of course, you can make two filings simultaneously. Together file EB-1A (the faster and tougher one) and EB-2 NIW (the backup). If the EB-1A is approved, you will receive a quicker green card. In case it is refused, the EB-2 NIW remains open.

It is most effective for Indian or Chinese applicants who have been waiting a long time, very wealthy professionals, or those on the verge of meeting the EB-1A criteria. Look into the requirements of an EB-1 spouse and children to seek family assistance, and contrast EB-1A and O-1 to have a short-term visa.

Get Expert Guidance on Your EB-1 or EB-2 Strategy

Making the choice between EB-1 and EB-2 requires careful scrutiny of your credentials, profession, schedule, and country. Beyond Border assists individuals in acquiring employment-based green cards and targets professionals with high achievements, who own enterprises, conduct research, and manage them.

Our attorneys consider your profile, identify the most suitable path (EB-1A, EB-1B, EB-1C, EB-2 PERM, or EB-2 NIW), and construct the most powerful and evidence-intensive petitions, which we hope will be granted. We strategize the evidence, prepare the recommendation letters, respond to the RFE questions, and make appeals. We guarantee the petition will be noticed by USCIS officers due to our storytelling style.

👉 Arrange a meeting to discuss your EB-1 vs EB-2 green card plan.

Frequently Asked Questions

Is it possible to enter both EB-1 and EB-2 simultaneously? Yes. It is a good and legal move to file both, in cases where people in India or China just need to meet the requirements. You may combine an EB-1A (the strongest category) with an EB-2 NIW (no job offer required). In an event where the EB-1A is approved, you proceed expeditiously. In case it is refused, the EB-2 NIW will also be counted.

Should I receive a job offer in EB-1 or EB-2? EB-1A and EB-2 NIW allow you to file independently, without a job offer. EB-1B, EB-1C, and the standard EB-2 require that you be sponsored by an employer. Self-filing offers greater flexibility and independence for employers.

Better EB-1 or EB-2 in the case of Indian people? EB-1 tends to be the preferred option. In India, the wait time for EB-2 is 10-15 years, whereas EB-1 is just 18-24 months. A robust profile can be built in 1218 months, compared to 10 years. Complete your profile to comply with EB-1A.

Can I file on my own for EB-1 or EB-2? EB-2 NIW and EB-1A allow you to do it yourself. EB-1B, EB-1C, and the regular EB-2 require an employer. Self-filing offers flexibility, portability, and independence, which is desirable to the entrepreneur, researcher, and professional who may switch jobs.

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