EB-1 vs. EB-2 Green Card Guide: Key Differences, NIW, and Processing Times
Foreign nationals seeking U.S. immigration benefits often apply through employment-based categories, with EB-1 and EB-2 being two of the most widely discussed options. The question of EB-1 vs. EB-2 arises frequently because each pathway has its own advantages, requirements, and challenges. Below, our guide explores the EB-1 vs. EB-2 comparison in detail, including eligibility criteria, processing times, National Interest Waivers (NIW), EB-2 to EB-1 porting, and more.
EB-1 vs. EB-2: A Closer Look
Choosing the right employment-based green card category requires careful evaluation of your background, goals, and qualifications. It’s important to understand the differences between EB-1 and EB-2 and weigh the pros and cons of each. To ensure you make the best choice, consult directly with an immigration attorney at Green Card Link for tailored legal guidance.
The EB-1 Visa Category
The EB-1 visa is the first-preference category reserved for highly accomplished individuals at the top of their fields in science, education, business, athletics, or the arts.
EB-1 Subcategories
- EB-1A (Extraordinary Ability): Designed for individuals who can demonstrate they are in the top percentile of their profession. Applicants must meet at least three out of ten USCIS criteria, which may include international recognition, major awards, exclusive memberships, or high salary levels. EB-1A applicants may self-petition and do not need a job offer or employer sponsorship.
- EB-1B (Outstanding Professors and Researchers): Reserved for academic professionals with international recognition and at least three years of research or teaching experience. Applicants must secure a permanent U.S. job offer and meet at least two of six criteria.
- EB-1C (Multinational Managers and Executives): For executives or managers of multinational companies with branches in both the U.S. and abroad. Applicants must have served in an executive or managerial role for at least one of the three years prior to applying. This is one of the more challenging EB-1 categories due to strict USCIS standards.
A major advantage of EB-1 visas is that they do not require a PERM Labor Certification, and priority dates for EB-1 are often current. You can monitor updates in the U.S. Department of State Visa Bulletin.
The EB-2 Visa Category
The EB-2 visa is the second-preference employment-based green card for individuals with advanced degrees (master’s or higher) or exceptional ability in business, science, or the arts. Unlike EB-1, the EB-2 does not cover extraordinary athletes or those with international acclaim in education.
Most EB-2 applications require both:
- A job offer from a U.S. employer
- An approved PERM Labor Certification
However, the National Interest Waiver (NIW) allows EB-2 applicants to bypass the PERM requirement if they can demonstrate their work significantly benefits the United States. This makes the EB-2 NIW a popular choice for professionals with impactful research, business ventures, or specialized expertise.
Tip: Even if you do not hold an advanced degree, you may still qualify for EB-2 under the “exceptional ability” category.
EB-1 vs. EB-2 NIW Comparison
Both EB-1 and EB-2 NIW allow for self-petitioning without employer sponsorship. For an EB-2 NIW, you must prove:
- Your proposed endeavor has substantial merit and national importance.
- You are well-positioned to advance the endeavor.
- Waiving the job offer and labor certification benefits the U.S.
Unlike the EB-1 category, EB-2 NIW does not have premium processing, which means longer wait times. For advice on whether EB-1 or EB-2 NIW best suits your situation—or how to port from EB-2 to EB-1—speak with an immigration attorney at Green Card Link.
Advantages of EB-1 Over EB-2
- Self-Sponsorship: EB-1A applicants may self-petition.
- Shorter Waiting Times: EB-1 typically has faster priority date availability compared to EB-2. For some high-demand countries, EB-1 wait times can be nearly a decade shorter.
- No PERM Required: Eliminates the lengthy PERM Labor Certification process.
- Concurrent Filing: Many EB-1 applicants may file Form I-140 and Form I-485 together, expediting the process.
- Early Work Authorization for Dependents: Family members may obtain work permits sooner if concurrent filing is used.
Advantages of EB-1 Over EB-2
- Lower Eligibility Threshold: EB-2 is more accessible, as EB-1 demands extraordinary recognition at the top of the field.
- EB-2 NIW Flexibility: NIW allows self-petitioning while bypassing PERM, similar to EB-1A.
Disadvantages to Consider
- EB-1: Stringent eligibility makes it difficult for many applicants.
- EB-2: Longer wait times and dependency on labor certification (unless waived by NIW).
EB-1 vs. EB-2: Key Takeaways
- EB-1 is a first-preference green card with stricter requirements but faster processing.
- EB-2 is a second-preference green card with broader eligibility but typically longer waiting times.Both EB-1A and EB-2 NIW allow for self-petitioning, which can be an advantage for qualified individuals.
EB-1 vs. EB-2 Green Card Processing Times: Complete Guide
EB-1 Green Card Processing Time
Visa Category | USCIS Service Center | Processing Time |
EB-1A – Extraordinary Ability | Nebraska | 14 months |
EB-1A – Extraordinary Ability | Texas | 15 months |
EB-1B – Outstanding Professors and Researchers | Nebraska | 16.5 months |
EB-1B – Outstanding Professors and Researchers | Texas | 13.5 months |
EB-1C – Multinational Executives and Managers | Nebraska | 15.5 months |
EB-1C – Multinational Executives and Managers | Texas | 10.5 months |
In general, the EB-1 green card timeline is considerably faster than the EB-2 process for most applicants. The main reasons are:
- No PERM labor certification requirement – EB-1 applicants bypass this step, saving months of time.
- Current priority dates – For all chargeability countries, EB-1 visa numbers are typically available at the time of filing.
As a result, EB-1 applicants primarily wait for their I-140 petition to be reviewed. Depending on your assigned service center’s workload, this review can range from several weeks to over a year.
According to USCIS April 2025 updates, EB-1A I-140 petitions take about 14 months at the Nebraska Service Center and 15 months at the Texas Service Center. EB-1B petitions are averaging 16.5 months in Nebraska and 13.5 months in Texas. EB-1C petitions take approximately 15.5 months in Nebraska and 10.5 months in Texas.
Keep in mind that these are estimates, and premium processing is available for EB-1A and EB-1B petitions, which can reduce the timeline to 15 calendar days.
EB-2 Green Card Processing Time
The EB-2 green card process generally takes longer because it often requires PERM Labor Certification and is subject to priority date backlogs, especially for applicants from India and China.
- I-140 Petition: Usually processed within 6–10 months.
- Consular Processing (abroad): Adds another 4–6 months after the visa becomes available.
Unlike EB-1, the EB-2 green card is affected by the limited number of visas issued annually. With only 140,000 employment-based visas available each year, applicants in EB-2 may face years of waiting for their priority date to become current.
Applicants must first complete the PERM Labor Certification process before their employer can file an I-140 petition. Afterward, they must wait for the Visa Bulletin to show their priority date as current before filing the I-485 adjustment of status.
For many, this results in multi-year delays, especially for highly retrogressed categories.
Premium Processing for EB-1 and EB-2
Premium processing allows certain I-140 petitions to be reviewed within 15 calendar days for an additional USCIS fee.
- ✅ Available for EB-1A and EB-1B, as well as standard EB-2 petitions.
- ❌ Not available for EB-1C or EB-2 National Interest Waiver (NIW) petitions.
Premium processing does not increase approval chances; it only accelerates the decision timeline.
Understanding Priority Dates
Your priority date is crucial to determining when you can move forward with your green card process:
- t is the date USCIS receives your petition (or when the Department of Labor receives your PERM application).
- Each month, the U.S. Department of State releases a Visa Bulletin with final action dates by category and country.
- You may only file for adjustment of status or consular processing once your priority date is current.
Applicants should monitor the Visa Bulletin monthly to track movement in their category.
Adjustment of Status vs. Consular Processing
Both EB-1 and EB-2 applicants have two options once their priority date is current:
- Adjustment of Status (I-485) – Filed with USCIS from within the U.S., including supporting evidence such as employment letters, medical exams, and affidavits.
- Consular Processing – Conducted abroad, with document submission to the National Visa Center (NVC), followed by a medical exam, biometrics, and a visa interview. Successful applicants receive an immigrant visa to enter the U.S. as permanent residents.
EB-1 vs. EB-2: PERM and Documentation
- EB-1 applicants do not require PERM certification but must provide strong evidence of extraordinary achievements, recognition, or executive-level qualifications.
- EB-2 applicants (without a National Interest Waiver) must complete PERM certification and have a valid U.S. job offer.
- EB-2 NIW applicants may bypass PERM but must prove their work serves U.S. national interest.
EB-1 vs. EB-2: Costs
The I-140 filing fee and premium processing fee are identical for both categories. The real cost difference depends on whether you choose adjustment of status or consular processing.
Applying for Both EB-1 and EB-2
Applicants are not limited to one petition. You may file for both EB-1 and EB-2 green cards at the same time. If both are approved, you can choose the one that best fits your circumstances. Filing multiple petitions increases your chances, but you must pay all associated fees separately.
EB-1 vs. EB-2 vs. EB-3
While EB-1 and EB-2 are the most common advanced employment-based categories, EB-3 may be more accessible for certain workers. EB-3 includes:
- EB-3A: Skilled workers with at least 2 years of training or work experience.
- EB-3B: Professionals with at least a bachelor’s degree (or foreign equivalent).
- EB-3C: Other workers in unskilled jobs requiring less than 2 years of training or experience.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience handling complex EB-1, EB-2, and EB-3 petitions. Whether you are pursuing an EB-1A for extraordinary ability, an EB-2 NIW, or employer-sponsored EB-2/EB-3, the immigration attorneys at Green Card Link can guide you through the process and help you determine the best strategy for your situation.