Some applicants reach a point in their green card planning where the path forward is not clear. Picture a researcher with a solid record of publications, a master’s degree, and steady recognition in the field. The achievements may appear strong enough for EB2, but perhaps not at the level of national or international acclaim described in EB1 rules. This person sits in the space between both categories and starts to ask a common question: Which option is right for me? This quick guide explains the differences so you can understand where your background fits.
What EB1 Is
EB1 is the First Preference employment-based immigrant category for priority workers. The United States Citizenship and Immigration Services (USCIS) states that it covers three groups:
- Individuals with extraordinary ability in the sciences, arts, education, business, or athletics
- Outstanding professors or researchers
- Certain multinational executives or managers
Labor certification from the Department of Labor is not required for EB1.
What EB2 Is
EB2 is the Second Preference employment-based immigrant category. USCIS states that it covers two main groups:
- Professionals with an advanced degree, which includes a master’s degree or higher, or a bachelor’s degree with at least five years of progressive experience
- Individuals with exceptional ability in the sciences, arts, or business
Labor certification is usually required unless applying through the National Interest Waiver (NIW), which allows someone to request a waiver of the job offer and labor certification if their work benefits the United States.
EB1 vs EB2: Quick Comparison Chart
| Category | EB1 | EB2 |
| Qualification threshold | For people who can show they are among the top in their field through sustained achievement and recognition, as evaluated by U.S. Citizenship and Immigration Services (USCIS). | For people with an advanced degree or exceptional ability that shows expertise above ordinary standards. |
| Evidence focus | Strong documentation of national or international impact, such as major achievements, high-impact work, or recognized leadership. | Proof of advanced education or documentation showing a clear level of exceptional ability in the field. |
| Labor certification | Not required. | Required unless applying through the National Interest Waiver. |
| Self-petition | Allowed for the Extraordinary Ability category. | Allowed for the National Interest Waiver category. |
| Visa bulletin Considerations | Visa availability depends on the monthly Department of State Visa Bulletin. | Visa availability also depends on the monthly Department of State Visa Bulletin. |
| Typical applicant Profile | Individuals with significant achievements or senior executive roles for multinational companies. | Individuals with advanced education or strong expertise whose work may support the national interest. |
Sources:
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2