Question 1

Can I file EB-1A and EB-1B at the same time?

Accepted Answer

Yes. Filing more than one I-140 is permitted, and many outstanding researchers pursue a self-petitioned EB-1A alongside an employer-sponsored EB-1B to hedge against backlog or adjudication risk. The two petitions are evaluated independently.

Question 2

Is EB-1B easier to qualify for than EB-1A?

Accepted Answer

The legal standard is generally regarded as a step below EB-1A: international recognition as outstanding, proven by two of six criteria, rather than extraordinary ability proven by three of ten. The trade-off is that EB-1B requires employer sponsorship and a permanent job offer, while EB-1A does not. A strong academic record that falls short of extraordinary ability can often still support EB-1B.

Question 3

Do both EB-1A and EB-1B skip PERM labor certification?

Accepted Answer

Yes. All three EB-1 sub-categories—EB-1A, EB-1B, and EB-1C—bypass the PERM labor certification process. That removes the recruitment step and the months of delay that EB-2 and EB-3 sponsorship require.

Question 4

Which is faster, EB-1A or EB-1B?

Accepted Answer

Both sit in the EB-1 preference category and both offer premium processing on the I-140 with a 45-day response window, so adjudication speed is comparable. The full green-card timeline depends on EB-1 visa bulletin movement and your country of birth, which affect both categories equally.

Question 5

I'm a researcher with an employer—should I choose EB-1B?

Accepted Answer

Often, yes—especially if your employer will sponsor a permanent position and your extraordinary-ability case would be a stretch. But if your acclaim is strong enough for EB-1A, self-petitioning preserves flexibility and removes your dependence on the employer. The best move is frequently to evaluate both; we routinely advise researchers on which to file, or whether to file both.

Dimension	EB-1A	EB-1B
Who files the petition	Self-petition. You file Form I-140 on your own behalf—no employer or sponsor required.	Employer-sponsored. A U.S. employer must file the I-140; you cannot self-petition.
Job offer	Not required. You need only an intent to continue work in your field.	Required. A permanent tenured/tenure-track or comparable research position—or a permanent research role with a qualifying private employer.
Legal standard	Extraordinary ability—sustained national or international acclaim, at the very top of the field.	International recognition as outstanding in the academic field—a demanding but generally lower bar than extraordinary ability.
Evidentiary criteria	Meet at least 3 of 10 criteria under 8 C.F.R. § 204.5(h)(3).	Meet at least 2 of 6 criteria under 8 C.F.R. § 204.5(i)(3).
Experience requirement	No fixed minimum—acclaim is judged on the body of work.	At least three years of teaching or research experience in the field.
Eligible fields	Any field—sciences, arts, education, business, or athletics.	Academia and research—university teaching or qualifying research roles.
PERM labor certification	Not required.	Not required.
Premium processing	Available on the I-140 (45-day response window).	Available on the I-140 (45-day response window).
Flexibility after approval	High—the petition is not tied to an employer, so you retain control over your career path.	Tied to the sponsoring employer and the offered position, like other employer-based petitions.

EB-1A vs. EB-1B

EB-1A vs. EB-1B

Deciding between the two

Choose EB-1A if

Choose EB-1B if

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