Why You Should Go for EB1-B over EB1-A?
Deciding between the two popular routes of getting your green card
I got my green card petition approved in 2018. But, I could not yet kick up my heels and pop open a bottle of bubbly rejoicing the end of my immigration woes.
Why? Because…….
Unless you have been living under a rock, you already know there is such a thing called “Green Card Backlog” - a beautiful privilege enjoyed by Indian immigrants in the US where in we have to wait for 100+ years to get a green card if you are going through the conventional route.
The conventional route in this case is the EB2 or EB3 route.
The only way out?
Qualify for EB-1, i.e., Employment-Based First Preference.
Within the EB1 category, there are 3 routes:
✅ EB1A: Extraordinary Ability
✅ EB1B: Outstanding Professors and Researchers
✅ EB1C: Certain Multinational manager or executive
Among these 3 categories, the qualification for EB1A and EB1B are very similar. So an obvious question arises — Which one do I go for?
This is a dilemma I grappled with for a long time. Ultimately, I chose EB1-B. Here are 3 facts that helped me make that decision.
1. i-140 Processing Times
I-140 form is the initial step in the green card petition. In general, the processing time for i-140 for EB1-B tends to be shorter compared to EB1-A. For instance,
The time to process EB1-A I-140 petitions at the Nebraska Service Center processes is approximately 21.5 months (almost two years).
In comparison, the EB1-B petitions are processed in about 9.5 months (less than a year).
Opting for EB1-B could save you valuable time in the overall process.
2. Lesser Criteria to Fulfill
EB1-A encompasses a broader range of exceptional abilities achieved independently, resulting in a wider scope of qualifying criteria. In contrast, EB1-B focuses specifically on outstanding professors and researchers, leading to a more targeted set of criteria.
To establish "extraordinary ability" in EB1-A, you must satisfy 3 out of 10 criteria outlined by USCIS. On the other hand, EB1-B applicants only need to fulfill 2 out of 6 criteria specific to outstanding professors or researchers.
3. Higher Approval Rates
EB1-B petitions tend to have a higher likelihood of approval compared to EB1-A. For example, in fiscal year 2022,
USCIS received 10,481 EB1-A petitions. 1,608 of them were denied.
Denial rate? ~15%.
In comparison,
USCIS received 4,322 EB1-B petitions. 324 were denied.
Denial rate? ~7%.
Yup, your spidey senses are right. While EB1-B does have its advantages, it also has its limitations.
To get your green card through EB1-B
✅ Your employer must agree to petition for you
✅ You must have at least 3 years of experience in teaching or research in your academic area
✅ You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer
If you do satisfy these prerequisites, then it might be advantageous for you to go for EB1-B over EB1-A. Of course, it's always a good idea to consult with an immigration attorney.
Whatever you decide, you’ve got this!
Best,
PS: If you’re curious about the advantages of EB1-A over EB1-B, read it here.