For foreign nationals looking to live and work permanently in the United States, employment-based green cards are a critical pathway. The EB-2 and EB-3 visas are two of the most common options, both requiring a U.S. employer to sponsor you (with the exception of the EB2 National Interest Waiver).
But what exactly are the differences between these two visa categories? That’s what we’ll explore in this article. We’ll break down the eligibility requirements, application processes, and processing times for each, highlighting the key distinctions along the way.
Navigating the U.S. immigration system can be complex, and making informed decisions is crucial. Choosing between the EB-2 and EB-3 visas requires careful consideration of your individual circumstances and professional goals. Each category has its own potential benefits and drawbacks. For example, one might have a shorter wait time, while the other might be a better fit for your skill set.
Ultimately, this article aims to provide you with the information you need to understand which visa path is most suitable for your unique situation. Let’s dive in and explore the ins and outs of the EB2 vs EB3 visa categories.
Key Differences at a Glance
The EB-2 and EB-3 visas are both employment-based immigrant visas, but they cater to different skill levels and have different requirements. Here’s a rundown of the key distinctions:
Preference Levels and Priority
In the U.S. immigration system, “preference” refers to the order in which different visa categories are considered. EB-2 is a second preference visa, while EB-3 is a third preference visa. The higher the preference, the greater the chance of getting your visa approved sooner.
Because EB-2 has a slightly higher preference, it usually means faster processing times and greater visa availability, especially for people from countries with high demand, like India and China.
Eligibility Requirements: Education, Skills, and Experience
To be eligible for the EB-2 visa, you generally need to have an advanced degree (a master’s degree or higher, or a bachelor’s degree plus five years of progressive experience), demonstrate exceptional ability in your field (science, arts, or business), or qualify for a National Interest Waiver.
The EB-3 visa is available to professionals (bachelor’s degree or equivalent), skilled workers (at least two years of job experience or training), and even unskilled workers (for jobs that require less than two years of training or experience). The EB-3 has some subcategories, so be sure to check the requirements of each.
National Interest Waiver (NIW) Option
One big advantage of the EB-2 visa is the possibility of applying for a National Interest Waiver (NIW). The NIW is unique to the EB-2 category.
If you qualify for an NIW, you can bypass the labor certification requirement, which requires employer sponsorship. To qualify for an NIW, you have to show that your work is in the U.S. national interest. This means your work has to have substantial merit and national importance.
Who Qualifies for EB-2?
The EB-2 visa is for foreign workers with advanced degrees or exceptional abilities. Here’s a closer look at who might qualify.
Advanced Degree Professionals
This category is for people who hold a master’s degree or higher, or a bachelor’s degree with at least five years of progressive experience in their field. The job you’re offered has to require an advanced degree.
The U.S. government may accept a foreign equivalent to a master’s or doctorate. If you have questions about whether your degree qualifies, talk with an immigration attorney.
Individuals with Exceptional Ability
If you can demonstrate a level of expertise that’s significantly above what’s typically found in your field (whether it’s science, the arts, or business), you may qualify for an EB-2 visa.
To prove “exceptional ability,” you’ll need to provide documentation such as awards, memberships in professional organizations, publications, and expert testimonials. You’ll also need to meet at least three of the eight criteria outlined by U.S. Citizenship and Immigration Services (USCIS), such as official academic records, letters from employers, or membership in professional associations.
National Interest Waiver (NIW) Candidates
This is a special category for people whose work is in the U.S. national interest. If you qualify for an NIW, you can bypass the labor certification requirement.
The NIW is often used by professionals in science, education, healthcare, and technology. To qualify, you’ll need to show that your work has substantial merit and is of national importance. You’ll also need to show that you’re well-positioned to advance your work, and that it would benefit the U.S. to waive the job offer and labor certification requirements.
Who qualifies for EB-3?
The EB-3 visa is available to a variety of workers, including skilled workers, professionals, and what the U.S. government calls “other workers” — people with less than two years of job training or experience.
Skilled workers
To qualify as a skilled worker, you need to have a job that requires at least two years of training or work experience. The job also has to be a permanent, full-time position.
Professionals
To qualify as a professional, you need to have a job that requires a bachelor’s degree (or its equivalent) and you need to hold a U.S. bachelor’s degree or its foreign equivalent.
Unskilled workers (“other workers”)
This category is for jobs that require less than two years of training or experience. These jobs must also be permanent and full-time.
It’s worth noting that this category typically has the longest processing times because it’s in such high demand.
The PERM Labor Certification Process
Both the EB-2 and EB-3 routes typically require a process called PERM labor certification. PERM stands for Program Electronic Review Management, and it’s overseen by the U.S. Department of Labor (DOL).
What is PERM?
The purpose of PERM is to protect U.S. workers. The DOL wants to make sure that bringing in a foreign worker won’t negatively affect the pay or working conditions of U.S. workers in similar jobs. Basically, employers have to show that there aren’t any qualified, willing, and available U.S. workers who could do the job.
What are the key steps in PERM?
The PERM process involves a few key steps:
- Recruiting workers (advertising the job, interviewing people who apply, etc.)
- Filing Form ETA 9089 with the DOL
- Answering any questions or providing any documentation the DOL asks for
How long does PERM take?
PERM labor certification can take anywhere from 6 to 18 months. Keep in mind that processing times can change depending on how complex the case is and how busy the DOL is.
Application Process: From PERM to Green Card
The path to a green card through either the EB-2 or EB-3 visa category involves a multi-step process, starting potentially with a PERM labor certification and culminating in either an Adjustment of Status or consular processing.
Step 1: Filing Form I-140 (Immigrant Petition for Alien Worker)
Once the PERM labor certification is approved (if it’s required for your situation), your employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This form is essential, as it establishes that you meet the requirements for the EB-2 or EB-3 visa. The filing fee for Form I-140 is $715.
Step 2: Visa Availability and Priority Date
Here’s where it can get a little tricky. The “priority date” is the date your PERM application was accepted (if PERM was required) or, in the case of a National Interest Waiver (NIW), the date when you filed Form I-140. Think of it as your place in line. To find out if your priority date is “current” (meaning a visa is available for you), you’ll need to check the Visa Bulletin, a monthly publication from the U.S. Department of State.
Step 3: Adjustment of Status or Consular Processing
If your priority date is current and you’re already in the U.S., you can file Form I-485, which is the Application to Register Permanent Residence or Adjust Status. The processing time for Adjustment of Status can range from 8 to 14 months, depending on the country you’re charged to. If you’re outside the U.S., you’ll go through consular processing at a U.S. embassy or consulate in your home country.
Processing Times and Visa Backlogs: A Critical Consideration
One of the most important factors to consider when choosing between an EB-2 and EB-3 visa is the processing time. How long will it take to get your green card? The answer depends on a number of things, including the visa category, your country of origin, the capacity of U.S. Citizenship and Immigration Services (USCIS) to process applications, and the overall demand.
Generally speaking, an EB-2 National Interest Waiver (NIW) petition has shorter processing times than an EB-3 petition.
But the biggest factor of all is the dreaded visa backlog.
According to U.S. immigration law, no more than 7% of the EB-2 or EB-3 visas available each year can be allocated to people from any one country. This means that applicants from countries with high demand, like India and China, can face extremely long wait times. As of recent Visa Bulletins, wait times for Indian applicants can be:
- EB-2: 10+ years
- EB-3: 15+ years
For applicants from most other countries, the wait times are significantly shorter.
One way to potentially speed up the process is to pay for premium processing. For a fee of $2,805, USCIS will expedite the I-140 petition. Note that premium processing is not available for the PERM labor certification, which must be approved before you can file the I-140.
Upgrading or downgrading between EB-2 and EB-3
It’s possible to move from EB-3 to EB-2 or vice versa, depending on your qualifications and job opportunities.
Moving from EB-3 to EB-2 (upgrading)
If you were initially eligible for EB-3 but now meet the requirements for EB-2, you may be able to upgrade. This could mean getting an advanced degree or gaining enough experience to qualify under the “exceptional ability” criteria.
To upgrade, you have to meet all the EB-2 requirements, and your employer must file a new PERM labor certification and I-140 petition.
Moving from EB-2 to EB-3 (downgrading)
In some situations, you might choose to downgrade from EB-2 to EB-3—perhaps because there’s a more readily available job offer in the EB-3 category.
To downgrade, your employer has to file a new PERM and I-140 petition for the EB-3 visa.
In Conclusion
The EB-2 and EB-3 visas both offer a path to permanent residency in the United States for skilled workers, but they differ significantly. EB-2 generally requires a higher level of education or exceptional ability, while EB-3 is available to a broader range of skilled workers, professionals, and others. Processing times can vary, and EB-2 offers the potential advantage of a National Interest Waiver, allowing you to bypass the labor certification process if your work is deemed to be in the national interest.
Deciding between EB-2 and EB-3 requires careful consideration of your qualifications, career goals, and country of origin, as visa availability and processing times fluctuate. The best path for you depends on your unique situation.
That’s why you should discuss your case with a qualified immigration lawyer. They can help you assess your eligibility, navigate the complexities of the immigration system, and determine the best visa option for you. Obtaining permanent residency in the U.S. through either the EB-2 or EB-3 visa can open doors to long-term opportunities and a more secure future.