What Are the Differences Between EB-1A vs EB-1B?

As the most prestigious levels of employment-based green cards, the EB-1A and EB-1B immigrant visas share many advantages. However, they do differ in some key areas. Find out which green card is the right fit for your situation through the differences in requirements and benefits.

EB1A vs EB1B: At a Glance

Key Similarities Between EB-1A and EB-1B

• Both are in the EB-1 category, leading to faster processing times for a green card.
• Both categories require a substantial amount of evidence to demonstrate the applicant’s high level of achievement and recognition in their field.
• Neither requires PERM labor certification. This lengthy process, designed to prove that there are no qualified U.S. workers available for the position, takes up to two years and is mandatory for many other employment-based green cards.
• Both EB-1A and EB-1B petitions are eligible for premium processing, which allows for an expedited adjudication of the I-140 petition for an additional fee.

Major Differences Between EB-1A and EB-1B

• The EB-1A is a self-petitioning visa – an individual can apply on their own behalf without needing a job offer or an employer to sponsor them.  In contrast, the EB-1B requires sponsorship from a U.S. employer, such as a:
  • university
  • institution of higher education
  • or a private company with a documented record of research accomplishments and that employs at least three full-time researchers.
• Cost differences: For those self-petitioning for the EB1-A, a $715 fee must be paid. For the EB-1B, this fee is paid by the employer, making the EB1-A a cheaper option.
• While still demanding a high level of accomplishment, the EB-1B is more narrowly focused on the academic and research spheres. The applicant must demonstrate international recognition for their outstanding achievements in a specific academic field.
• While EB-1B petitions require applicants to have at least three years of teaching or research experience in their field, the EB-1A category has no minimum experience requirement.

EB1-A vs EB1B Timeline

Because the EB-1A and EB-1B green cards are in the same preference level, there is no difference in their processing times. Rather, your  timeline will differ depending on:

• The workload at the USCIS processing center you are assigned
• Your country of origin (which determines whether your priority date is current), and the time it takes to prepare to collect evidence and submit the I-140 petition.

On average, the I-140 petition takes about 6 to 8 months to process according to USCIS data.

Priority Dates

Once your I-140 has been approved, both EB1-A and EB1-B applicants will need to wait until their priority date is current. If you are not familiar with priority dates, here is a quick rundown:

• The date that the USCIS receives your I-140 petition is your official priority date.
• You will need to compare this date with the final action dates published by the Department of State in their monthly visa bulletin.
• These final action dates are broken up according to green card preference level and country of origin.
• When your priority date matches or passes the final action date in your level and country, your priority date will be considered current, allowing you to adjust your status if you are already in the U.S. or begin consular processing if you are abroad.

Usually, all of the dates for the EB-1 preference level are current, meaning that you would be able to adjust your status as soon as your I-140 was approved. However, a backlog of several years has built up for nationals of China and India.

Premium Processing

Premium processing is an optional service available to both the EB1A and EB1C that shortens the petition’s processing time to 15 business days.

While premium processing fees are typically covered by the employer, if the employee wishes to expedite their case for personal reasons, the parties may agree that the employee will bear this cost

If the USCIS does not process your petition within that time frame, then you will receive a refund of your premium processing fee. This is one of the few circumstances where the USCS will issue a refund.

The EB-1A Breakdown

The EB-1A visa is designed for people with extraordinary ability. USCIS has strict criteria for what qualifies as “extraordinary”.

The EB-1A is appropriate for a variety of fields including business, art, education, athletics, and science. This allows a broad spectrum of people from various backgrounds to apply. However, meeting the high standards for qualification can be very difficult.

One of the major benefits of the EB-1A in comparison to the EB-1B is that the former allows applicants to self-petition without the need for a job offer or employer. This gives EB-1A holders substantial freedom in the nature of their work in the U.S.

Requirements

The difference between the EB-1A and EB-1B green cards is the list of requirements. For the EB-1A, you need to meet one of two major requirements.

1. You must present evidence of an internationally-recognized prize or award such as a Nobel Prize, Grammy, or Pulitzer Prize. or;
2. You must have evidence of three of the following examples of your extraordinary ability:
   • Having authored scholarly articles in your field that have been published in distinguished professional journals.
   • Lesser prizes and awards on a national or international scale in your field
   • Having published material that mentions you in a major trade publication
   • Participation as a judge in an individual or panel situation in which you critique the work of your peers
   • Membership in a distinguished organization or association that requires extraordinary ability in order to be a member.
   • Significant scholarly, business, or scientific contributions to your field
   • Having your work displayed at a distinguished exhibit
   • Commercial success in the arts
   • A large salary indicating your extraordinary ability
   • Having a critical or leading role in a reputable organization

Overall, you must demonstrate that you are in the top percentile of professionals in your field. If you can prove this, but your evidence does not fall into the above categories, ask your immigration attorney if it can be submitted.

The EB-1B Breakdown

The EB-1B green card, on the other hand, is for outstanding researchers and professors.  USCIS provides a defined list of evidence that can be submitted to prove that you are eligible for this green card.

Compared to the EB-1A, the EB-1B has a relatively limited scope of professions that can qualify. Where the EB-1A allows for extraordinary people from the fields of business, art, education, science, and athletics to apply, the EB-1B is only given to researchers and professors.

Unlike the EB-1A, you cannot self-petition for an EB-1B green card. To apply, you must have a job offer from a sponsoring U.S. employer who will file a petition on your behalf.

While this means that your employer is responsible for the I-140 filing fee, it does limit the work you can do in the U.S.

Requirements

To be considered eligible, you must:

• have at least 3 years of experience in your field
• land be coming to the U.S. with the intention of gaining tenure or the equivalent in a research position.

In addition, you need to present evidence of two of the following:

• Recognized prizes or awards for your abilities
• Having officially judged the work of your peers on a panel or on an individual level.
• Being the author of scholarly books or articles published in distinguished journals related to your field
• Published material that is written about your work by others in a reputable publication.
• Having made significant contributions to your field
• Membership in an organization or association that requires outstanding achievement for entry.

At its core, this list aims to prove to the USCIS that you have “outstanding achievements in a particular academic field”. If you have evidence that supports this idea that is not listed, work with your immigration attorney to see if it qualifies as appropriate evidence.

Conclusion: EB-1A vs EB-1B

If you are one of the rare individuals who qualify for both the EB-1A and EB-1B green cards, you may want to consider pursuing the former for the advantages that it holds. Avoiding employer sponsorship and a job opportunity offers additional freedoms, depending on the kind of work that you wish to do in the U.S.

Additionally, the EB-1A also encompasses a greater variety of fields and is more inclusive for extraordinary individuals.

That being said, while both visas require plenty of evidence for eligibility, the EB-1B is easier to obtain if employed by a reputable institution, and you have a strong publication/research record.

In either case, the processing time and fees will generally be the same. If you self-petition, however, you will be responsible for the I-140 filing fee, which essentially makes the EB-1B the less expensive option.

In any case, VisaNation recommends making a big decision like with the help of an experienced immigration expert.