By Bennett Wisniewski

For highly skilled professionals seeking a U.S. green card, two of the most sought-after employment-based categories are EB-1A (Extraordinary Ability) and EB-1B (Outstanding Professors and Researchers). Both are part of the first-preference employment-based (EB-1) green card category, meaning they offer faster priority dates and do not require labor certification. However, they have distinct differences in terms of application requirements and practical benefits.

I am often asked by potential clients, “which path is best for me”, so this article will delve into this topic and outlines the key factors to consider when deciding whether to apply for immigration through EB-1A or EB-1B. It is important to consider several factors because choosing the right path can significantly impact your chances of approval.

1. Do You Have an Employer Sponsor?

• EB-1A: No employer sponsorship is required. This means you can apply for a green card on your own, without needing a job offer from a U.S. employer. You have the flexibility to work for any employer or even start your own business once you receive your green card.
• EB-1B: Requires a permanent job offer for teaching or research from a qualifying U.S. employer. The employer must petition on your behalf, and they need to demonstrate their ability to support your continued employment. EB-1B is generally used by academic institutions (universities) and private companies with active research departments.

Conclusion - Choose EB-1A if you want flexibility in your employment options and do not want to depend on an employer.Choose EB-1B if you have an employer ready to sponsor you and are comfortable with employer-dependent immigration.

2. How Strong is Your Track Record?

Both EB-1A and EB-1B require a strong professional reputation, but EB-1A has ahigher standard for proving extraordinary ability.

• EB-1A: Requires proof of sustained national or international acclaim. USCIS evaluates whether your work has had a significant impact in your field, looking for evidence of major awards, a high citation count, original contributions of major significance, or media coverage, among other factors.You must meet at least three of six USCIS criteria,
• EB-1B: Requires proof of outstanding ability in teaching or research. You must demonstrate that you arerecognized internationally as outstanding in a specific academic area. You must meet at least two of six USCIS criteria, such as major research contributions, published work in prestigious journals, peer reviews, or professional society memberships.

Conclusion - Choose EB-1A if you have a high level of independent recognition for your work.Choose EB-1B if you are well-regarded within your field but rely more on institutional backing.

Tip - If you are unsure whether your credentials meet the high EB-1A standard, consult an immigration attorney to help assess your case.

3. Do You Work in Academia or Industry?

Your current job and career goals play a significant role in determining which category suits you best.

• EB-1A: Open to professionals in all fields, including academia, business, athletics, the arts, and sciences. If you are an entrepreneur, independent researcher, or artist, EB-1A allows you to self-petition.
• EB-1B: Primarily for researchers and professors at universities or research-intensive companies. Your employer must show that your research is of high value and that they offer a permanent research or teaching position.

Conclusion - Choose EB-1A if you work outside of academia or want to keep your career options open.Choose EB-1B if you are a professor or a researcher in a well-established academic or corporate research setting.

4. How Many Years of Experience Do You Have?

• EB-1A: There is no minimum experience requirement. You can apply as long as you have demonstrated extraordinary ability in your field.
• EB-1B: Requires at least three years of experience in research or teaching. If you recently finished a Ph.D., you must show at least three years of combined experience between your doctoral research and postdoctoral or teaching work, the Ph.D. must be considered “outstanding” by USCIS.

Conclusion -Choose EB-1A if you have a high-impact career early on and can prove exceptional ability.Choose EB-1B if you have at least three years of strong academic or research experience.

Tip - If you are a postdoc and have at least three years of combined Ph.D. and postdoc experience, you may qualify for EB-1B, if you can convince USCIS that the Ph.D. work was “outstanding”.

5. Are You Willing to Face a Higher Standard of Evidence?

• EB-1A: Considered one of the hardest employment-based visas to obtain. The burden of proof is entirely on the applicant to show extraordinary ability. Many applicants receive Requests for Evidence (RFEs) if USCIS believes they haven’t sufficiently demonstrated their qualifications.
• EB-1B: Has a lower threshold of evidence compared to EB-1A. Because a sponsoring employer is involved, there is often a greater presumption that the applicant is qualified, making approval more likely.

Conclusion - Choose EB-1A if you have strong, independent proof of your impact in your field.Choose EB-1B if you think you would need a lower standard of evidence to achieve success.

Final Thoughts

Choosing between EB-1A and EB-1B depends on your career background, qualifications, and immigration goals.

• Go for EB-1A if you have extraordinary achievements, want flexibility, and can meet stringent evidence requirements.
• Go for EB-1B if you are a recognized researcher or professor, have a sponsoring employer, and want a slightly easier approval process.

Before applying, consult with an immigration attorney to assess your credentials and strategize the strongest case possible. Making the right decision can streamline your immigration process and help you achieve your long-term career aspirations in the U.S.

About Attorney Bennett Wisniewski

Attorney Bennett Wisniewski is a Senior Attorney at Attorney at Zhang & Associates, PC. With over 18 years of experience in business immigration law, he has successfully handled hundreds of immigration cases, including EB1A, EB1B, NIW, O-1 visa, and Adjustment of Status or Consulate Processing cases.

For more information about legal services, please contact Attorney Bennett Wisniewski at bwisniewski@hooyou.com. 

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Chicago • Houston •Seattle 

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(03/04/2025)