EB-1A vs EB-2 Visa: Which One Fits Your Career in the USA?

If you're a high-achieving professional looking to build a future in the United States, you've probably come across two powerful green card options: the EB-1A and the EB-2 visa (especially with the National Interest Waiver, or NIW).

But what exactly are these visas for? Who qualifies for each? And more importantly, which one gives you the best shot? In this blog, we’ll break down everything you need to know about the EB-1A vs EB-2 visa options, including real approval data by country, benefits, and how to decide which one is right for you.

What Are These Visas For?

EB-1A Visa For Extraordinary Talents

The EB-1A visa is a first-preference employment-based visa for individuals who have shown extraordinary ability in their field. This could be in the sciences, arts, education, business, or athletics. 

Think of award-winning researchers, internationally recognized entrepreneurs, professional athletes, or top artists whose expertise and abilities are top of their fields.

Key features:

• No job offer required.

• You can self-petition.

• One of the fastest routes to a green card.

EB-2 Visa For the Impactful

The EB-2 is a second-preference visa for professionals with either an advanced degree (like a master's or PhD) or exceptional ability in the sciences, arts, or business. This visa usually requires a job offer and labor certification (PERM), except when you apply through a National Interest Waiver (NIW), which can make the difference in your application process.

What is the EB-2 visa NIW?

The EB-2 visa, particularly through the National Interest Waiver (NIW), is for professionals whose work has significant value to the U.S. in areas like public health, technology, sustainability, education, or innovation. The most important characteristic:

• You don’t need a job offer or employer sponsorship if you go through the NIW route.

EB-1A vs EB-2 Visa: Key Differences and Benefits

Here’s a side-by-side look at how these two options compare:

Feature	EB-1A	EB-2 (NIW)
Level of achievement	Extraordinary (top 1%)	Exceptional (above average)
Job offer required?	❌ No	❌ No (with NIW)
Self-petition allowed?	✅ Yes	✅ Yes
PERM labor certification required?	❌ No	❌ No
Processing speed	Faster (priority category)	Slower (depends on country of birth)
Visa bulletin delays?	Rare	Common (India & China especially)

While EB-1A is more selective, it comes with faster processing and fewer delays. EB-2 NIW is more accessible for professionals with a strong, mission-driven track record.

What Are the Requirements?

EB-1A Requirements

To qualify for the EB-1A Visa, you must meet at least 3 out of 10 specific criteria, such as:

1. Major awards or recognitions in your field.

2. Media Coverage: Published material about you in major media or professional journals.

3. Major Publications: Significant contributions to your field (research, patents, innovations).

4. Scholarly Articles: Authorship of scholarly articles in professional or major trade publications

5. Prestigious Associations: Membership in prestigious associations requires outstanding achievements.

6. Judging the work of others: Proof that you've served as a judge of the work of others in your field.

7. Salary and Compensation: Proof that you've received a high salary or compensation for your work.

8. Leading or Critical Role: Holding key leadership or essential roles in distinguished organizations.

9. Commercial Success: Success related to your performance (box office sales, streaming numbers, record sales, etc.).

10. Exhibitions: Display of your work at artistic exhibitions or showcases.

EB-2 NIW Requirements

To qualify for an EB-2 NIW, you must meet at least 3 out of the following:

1. An official academic record showing that the applicant has a degree, diploma, certificate, or similar award from an institution of higher education related to their field.

2. Letters documenting at least 10 years of full-time experience in the applicant's occupation. 

3. A license to practice the profession or certification for the occupation. 

4. Evidence that the applicant has commanded a salary or other remuneration for services, which demonstrates exceptional ability. 

5. Membership in a professional association(s). 

6. Recognition for achievements and contributions in the field by peers, professional organizations, or governmental entities. 

7. Other comparable evidence of exceptional ability in the field.

EB-1A vs EB-2 Visa Approval Rates

Let’s look at the latest official data from USCIS (FY 2025, Q2) to see how applicants are doing in these categories:

Visa Type	Petitions Received	Approved	Denied	Approval Rate
EB-1A Visa	7,370	3,265	1,097	75.5%
EB-2 NIW	20,136	4,695	2,795	62.7%

What This Means For Applicants:

• EB-1A has a higher approval rate, even though it's more selective.

• EB-2 NIW has more applicants, but also more denials, showing that a strong and strategic petition is essential.

EB-1A and EB-2 Visa Approvals by Country

This next dataset breaks it down even further: who is getting approved, and where they’re from.

Country of Birth	EB-1A Approvals (E11)	EB-2 NIW Approvals
India	967	991
China	831	1,871
Brazil	126	224
Iran	20	551
Nigeria	234	382
South Korea	94	280
Mexico	32	72
Pakistan	40	221
Bangladesh	20	271
Philippines	3	14

What it Means for These Countries:

• India and China dominate in petition volume, but also face longer wait times, especially under EB-2.

• Iran, Nigeria, and Brazil show strong performance in NIW approvals, with many successful self-petitions.

• Mexico, the Philippines, and Bangladesh have room for growth; many qualified professionals may be missing this opportunity.

EB-1A Success Story:

At Gill Law Firm, we have assisted professionals from these countries to succeed in their visa applications. For example, Indian tennis professional Dhyan Patel secured an EB-1A visa to play and coach in the United States. Learn more about his story and how you can follow a similar path to your EB-1A visa.

EB-1A vs EB-2 Visa: Which One Should You Apply For?

Here’s a simple breakdown to help guide your decision:

Your Profile	Recommended Visa
Global awards, international press, recognized leadership	EB-1A
Impactful work in public interest (STEM, health, sustainability)	EB-2 NIW
You have a U.S. employer willing to sponsor you.	EB-2 with PERM
From India or China, and qualify for EB-1A?	Go EB-1A to avoid visa backlogs.

Both the EB-1A and EB-2 visa categories offer powerful paths to permanent residency in the U.S. The right choice depends on your level of achievement, field of expertise, and overall strategy. If you’re not sure where you stand, don’t guess; a professional legal review of your credentials can give you clarity and direction.

At Gill Law Firm, we help extraordinary professionals like you navigate the process with efficiency and confidence, whether you’re aiming for EB-1A or EB-2 NIW.