What’s the difference between EB-1 and EB-2?

EB-1 is employment-based first preference, and EB-2 NIW is second preference. Both are the same in that they grant a U.S. green card based purely on evaluating the applicant’s own ability (research achievements, etc.) without an employer. Since everyone’s career differs, we recommend having an eligibility assessment done and filing under whichever category is more favorable — in some cases, it’s worth considering filing both simultaneously.

EB-1 can be filed by someone with extraordinary ability in their field (any field), a distinguished professor or researcher, or an executive of a multinational company, while EB-2 NIW is for someone with the ability to contribute to the national interest of the U.S. in their field (certain fields). Usually, an attorney assesses this and proceeds with whichever path has a higher chance of approval.