What Is The Difference Between An EB-1 And An EB-2 Immigrant Visa?

The EB-1 and EB-2 visas are two different types of immigrant visas that are available to individuals who have a high level of talent, ability, or special skills. They are often confused for each other.

The EB-1 visa is a nonimmigrant visa that allows individuals with extraordinary ability in the sciences, arts, education, business, or athletics to live and work permanently in the United States. The individual must have sustained national or international acclaim and must be coming to the United States to continue his or her work in the area of extraordinary ability.

There are a number of requirements that need to be met in order to qualify for an EB-2 visa. The applicant must have a job offer in a specialty occupation and must meet the educational and experience requirements for that occupation. They must also have an advanced degree or its equivalent. In some cases, a national interest waiver is enough to get an EB-2 visa.

How to Apply for an EB-1 or EB-2 Visa

A. Applying From Outside the US
There are a few different ways to apply for an EB-1 or EB-2 visa if you are currently living outside of the United States. The most common way is to go through your country’s embassy or consulate in the United States. You can find a list of all embassies and consulates on the State Department website.

When you go to the embassy or consulate, you will need to bring your passport, as well as any other required documents. You will also need to pay a fee, which varies depending on which visa you are applying for.

The process of applying for a visa can be complicated, so it is important to make sure you gather all of the required documents and information before you begin. The embassy or consulate staff can help answer any questions you may have about the application process, but it is advised to consult with an immigration lawyer before you begin.

B. Applying From Inside the US
If you are an immigrant living inside the United States, and your visa has expired or is about to expire, you may be able to adjust your visa to an EB-1 or EB-2. In this case, you will need to file an I-485 application.

The first step is to fill out the form, which is available on the USCIS website. You will also need to submit supporting documentation, such as a copy of your passport, proof of your job offer, and evidence of your qualifications. You can file the I-485 either online or by mail.

The process can be confusing, but with the help of a qualified immigration lawyer at HAWM Law, it will not be difficult. Your immigration lawyer will help you gather the necessary documents and fill out the appropriate forms. The lawyer will also help you check your provided evidence and will be able to tell you if you meet the eligibility requirements for the EB-1 or EB-2 visa, which include proving that you have extraordinary ability in your field, or that you are a manager or executive of a company. Your immigration lawyer may also help you determine which visa is right for you.

Contact us today and we will be happy to help you get started.

If you need help with an immigration matter, it can be overwhelming, and be hard to even know where to start looking for help or what options are available. Our attorneys at HAWM Law are ready, experienced and committed to helping immigrants at any stage of the US immigration process. You do not have to struggle through this process alone.

Translate »