Why you should go for EB1A over EB1B?
Deciding between the two popular routes of getting your green card
Congratulations! You have decided to go for the EB1 category of getting your green card - the highest priority category among employment-based visas.
Now the question is,
Which EB1 category should you go for?
There are 3 sub-categories of EB1.
EB1A: Extraordinary Ability
EB1B: Outstanding Professors and Researchers
EB1C: Certain Multinational Manager or Executive
Choosing between EB1A (Extraordinary Ability) and EB1B (Outstanding Professors and Researchers) for your green card category can be a tough decision. While both categories have similar qualifications, there are several reasons why you should consider EB1A over EB1B. Here’s 3 of them:
Employer Petition Vs. Self-Petition
First, with EB1A, you can self-petition for your green card, which means you don't need your employer to sponsor you.
This can be a huge advantage if you're someone who wants to have more control over your immigration process.
For example, let's take the case of Ayushi, a software engineer who has a PhD in computer science and has published numerous papers in top-tier conferences. However, her employer is not willing to sponsor Ayushi’s green card process. with Ayushi’s qualifications, she can apply for EB1A on her own, without needing her employer's help. With EB1A, Ayushi can submit her petition and supporting documents directly to USCIS (or get a lawyer to do it), without having to go through her employer.
Satisfying Pre-Requisities Vs. No Pre-Requisites
Second, EB1B has certain prerequisites that you need to meet in order to qualify, such as
having at least three years of teaching or research experience and
entering the US for a teaching or research position.
If you don't meet these requirements, then EB1A may be a better fit for you.
For example, let's take the case of Mohit, a biologist who has made significant contributions to his field and has been recognized for his work with several awards. However, Mohit does not have 3 years of teaching or research experience, which makes him ineligible for EB1B. In this case, Mohit can explore the EB1A category instead.
Employer Dependence Vs. Independence
Lastly, EB1B is employer-dependent, which means any unanticipated job changes could affect your green card petition.
This can be a risk for those who are not sure about their job stability or are looking to switch employers. With EB1A, you don't have to worry about your employment status affecting your green card application.
For example, let's take the case of Dheeraj, a data scientist at a large tech company who has received national recognition for his work. Dheeraj's employer is going through multiple rounds of layoffs which puts Dheeraj's green card application in jeopardy. However, with EB1A, Dheeraj can still apply for his green card on his own, without needing his employer's sponsorship.
In conclusion, if you're someone who has extraordinary abilities and has received national or international recognition for your achievements, then EB1A may be the better choice for you. It gives you more control over your immigration process, has no prerequisites to meet, and is independent of your employer.
Before you come for my throat,
Why are you demonizing EB1B, Aditi? I am not.
As a matter of fact, I personally went for EB1B. This article was meant to highlight the 3 pros that EB1A has over EB1B. If you want to know how EB1B has an edge over EB1A, follow along! That information is coming up in the next edition of The New Immigrant Insider newsletter.
So, if you haven’t subscribed it, this is a great time to do it.
You got this!
Best,
Dr. Aditi Paul