EB1-A and EB2 NIW: Choose the Right Visa for Your Career in the US

FRONT – February 28, 2025 / In Blogs, EB-1A Extraordinary Ability Visa, EB2-National Interest Waiver, TR

By Ergül Çeliksoy, Immigration Lawyer, CK Law Firm

Today, I'd like to compare the advantages and disadvantages of the EB1-A and EB2 National Interest Waiver (NIW) visas, two important visa types that allow you to obtain a Green Card in the United States. As you know, our office handles a significant number of applications for the EB1-A and EB2 NIW visas. This gives us extensive experience in understanding who qualifies for which visa, what their advantages and disadvantages are, and which visas should be prioritized by prospective applicants.

Almost all of our clients who contact us ask the following question: "What's the difference between the EB1-A and EB2 NIW visas? Which visa should I apply for?" If you're looking to obtain a Green Card in the US and are considering applying for the EB1-A or EB2 NIW visa, but aren't sure which visa is best for you, I recommend reading this article until the end. If you're ready, let's get started.

EB1-A and EB2 NIW: Is There a Difference After Green Card?

First and foremost, the most important thing to know is that both the EB1-A and EB2 NIW visas allow you to obtain a Green Card. So, once you're approved for either of these visas and complete all other necessary procedures, you'll be eligible for a Green Card.

However, once you receive your Green Card, whichever visa you apply for makes no difference to your rights and ability to live in the United States. So, once you receive your Green Card, there are no advantages or disadvantages to choosing an EB1-A or EB2 NIW.

What are the differences between the EB1-A Visa and the EB2 NIW Visa?

The answers to these questions relate to the requirements and application processes for both visa types. While you'll receive a Green Card with either visa, the application criteria and processes are different. The second important difference is the application process.

A Green Card is not issued immediately upon approval for these visas. To obtain a Green Card, you must complete certain procedures. These procedures may vary depending on whether the applicant is in the United States or Türkiye.

One of the most significant differences between these two visas is the time it takes from the moment you apply to receive your Green Card. If you've applied for and been approved for an EB1-A visa, you can begin the Green Card process immediately, as there's no waiting period for an EB1-A visa. EB1-A visas are generally "current" according to the Visa Bulletin.

Let's say you're in the US and applied for an EB1-A visa. You used the Premium Processing option and received approval within 15 days. In this case, you can immediately begin your Green Card process by applying for an I-485 (change of status) as soon as you receive approval. This means there's no additional waiting period for the EB1-A visa.

If you've applied for an EB2 NIW visa, unfortunately, you won't be able to apply for a Green Card immediately after your visa application is approved. This is because there's a waiting period for EB2 NIW visas. This waiting period varies, but is typically between 1.5 and 2 years. This means you may have to wait longer to receive a Green Card with an EB2 NIW visa.

In summary:

• ✅ Once an EB1-A visa is approved, you can begin applying for a Green Card immediately.
• ⏳ For an EB2 NIW visa, there is a waiting period of 1.5 to 2 years for a Green Card application. These periods are subject to change over time.

Which is Easier?

The criteria for the EB1-A and EB2 NIW visas are different. Here's a general overview:

EB1-A Visa

• It has higher criteria.
• The applicant must be in a leadership position and have advanced in his/her career.
• Success must be proven with documentation.
• Must have made a significant impact in his/her field.

EB2 NIW Visa

• Its conditions are more flexible than EB1-A.
• May be suitable even for people at the beginning of their career.
• The most important criterion is to demonstrate why the work is important to America.

Summary:

• The criteria for the EB1-A visa are more difficult to meet, but the process is faster.
• The EB2 NIW visa has easier criteria, but the Green Card process takes longer.

Which Path Should You Follow?

If you want to get a Green Card as quickly as possible and meet the criteria for an EB1-A visa, applying for this visa makes sense. However, if you don't fully meet the EB1-A requirements, applying for an EB2 NIW may be more appropriate.

Another option is to apply for both visas simultaneously. For example, if you're eligible for the EB2 NIW but unsure about the EB1-A, you can apply for both visas just to be on the safe side. However, this isn't a strategy we recommend for every applicant. We only consider this for those we believe have a chance of being accepted under both visas.

Conclusion

The EB1-A visa process is much faster, but meeting the criteria is more challenging. The EB2 NIW visa is more flexible, but the Green Card process takes longer. If you have questions about these visas, you can contact us through our website. You can request an initial evaluation by sending your current and detailed CV to eb2@cklawfirm.org. To stay informed about the latest developments, visit our News page and browse current content.