EB2 Vs EB3: Requirements, Processing Time, Priority Dates & More

Employment-Based green card categories EB-2 and EB-3 are the two types. Foreign nationals are granted these visas by the United States Citizenship and Immigration Services (USCIS) based on their degrees, professional qualifications, and country of origin. It is advisable to explore all of your options before deciding on the ideal one for you. On this page, you will learn about the differences between EB-2 and EB-3, as well as whether one is better for you.

Employment-based EB-2 or EB-3 green cards allow professionals and highly qualified employees to live and work in the U.S.

The 1990 Immigration Act raised legal immigration from 500,000 to 700,000, creating individual preference categories. Only 54,000 immigrant visas were available annually before this act. The number rose to 140,000.

The U.S. seeks immigrants who can boost its economy and society. Thus, prospective residents must have “extraordinary ability” or be selected by U.S. employers. Highly skilled professors, researchers, firm managers, and others with valuable skills have such abilities.

EB-2 vs EB-3: Key Differences in Employment Classification

The main distinction between EB-2 and EB-3 is that the latter provides far more flexibility. Without a doubt, EB-3 standards are much more permissive than EB-2 requirements, allowing more people to qualify. Foreigners wishing to join the United States through an employment-based green card have several options. In terms of the number of new applications, EB-2 and EB-3 are the most popular. It is critical to understand the differences between the two.

EB-2 applicants usually have master’s or doctoral degrees. They may be eligible without an advanced degree if they have a bachelor’s degree and more than 5 years of experience in their field.

The EB-3 standards are less strict. They also usually require a bachelor’s degree and five years of experience. This category comprises EB-3A, EB-3B, and EB-3C subcategories.

Skilled workers, professionals, and other workers may qualify for one of these immigrant visa preference subcategories.

• EB-3A: “Skilled workers” are persons whose job requires a minimum of 2 years of training or work experience, not of a temporary or seasonal nature.
• EB-3B: “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions.
• EB-3C: The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years of training or experience, not of a temporary or seasonal nature.

In some cases, candidates can obtain EB-2 and EB-3 green cards without these requirements. Nevertheless, applicants should know that they are competing against other applicants that do possess the education and work experiences listed above.

Differences in EB-1, EB-2, EB-3, EB-4, and EB-5 Categories

Five employment-based categories grant U.S. permanent status. The category you choose depends on your education, skills, and certifications.

The EB-1 green card is the hardest to get but processes fastest due to fewer verification requirements. EB-2 and EB-3 demand additional paperwork, longer screenings, and longer wait times. More candidates qualify for EB-2 and EB-3 green cards than any other category.

EB-4 and EB-5 are exceptional circumstances for religious employees and investors, respectively. Each of the five classes is detailed below.

1. EB-1 – Priority Workers: This includes Nobel prize winners, Pulitzer prize winners, Olympians and other award winners. Generally, this is a difficult category to have approved. Since they are held in such high esteem, EB-1 workers do not need a job offer in order to be considered for a visa.
2. EB-2 – Professionals with exceptional ability: A formal job offer from an employer is needed to enter the U.S. under this category. EB-2 workers hold advanced degrees and specialized knowledge in fields such as medicine, engineering, energy, leadership, and business.
3. EB-3 – Skilled or Professional Workers: EB-3 candidates are those that hold a minimum of a Bachelor’s degree and have at least 5 years of experience. The EB-3 requirements are less stringent but the backlog is much longer as a result. Therefore the processing time for an EB-3 may be several years longer than that of an EB-2.
4. EB-4 – Religious Workers: These non-profit workers are usually affiliated with churches, synagogues, mosques, or other religious organizations. While in the U.S., they can only work for these institutions. You may also qualify if you are a:

• Special Immigrant Juvenile
• Broadcaster
• G-4 International Organization or NATO-6 Employee
• International Employee of the U.S. Government Abroad
• Armed Forces Member
• Panama Canal Zone Employee
• Specific kinds of Physicians
• Afghan or Iraqi translator
• Afghan or Iraqi national who has provided faith service in support of U.S. operations.

5. EB-5 – Investors: One of the most expensive paths to qualify for, the EB-5 category is reserved for investors that must invest at least $1 million into a U.S. enterprise. Investors need to hire 10 American workers and work in conjunction with the US Department of Labor. If the business succeeds at the end of a 2-year review period, the investor is given a residential visa.

Differences Related To Employer Eligibility

There are a few measures you should take when an EB-2 or EB-3 applicant requests you, the employer, to sponsor him or her for a green card. Keep in mind that you will need to collaborate closely with the USCIS and the US Department of Labor (DOL) to demonstrate that you provided a fair hiring opportunity to all qualified applicants interested in the job.

Employers should go through the following stages when hiring EB-2 or EB-3 workers:

1. Advertise for the job in a newspaper of local circulation for at least 2 Sundays. You may also need to advertise the job position in 3 other recruitment forms. These can include websites, on campus, or job boards.

2. Advertise with the State Workforce Agency in the location where the person will be employed. Document the hiring process. Document all applicants who applied for the job, as well as all efforts to contact these people. You do not have to interview everyone who submits a résumé, but you must make an attempt to demonstrate that you gave all qualified applicants a fair chance.

3. File a Labor Certification Application (PERM) with the DOL. Your business will need to show that it has the financial ability to pay the prevailing wage of the applicant and that you are not displacing current workers in the U.S.

4. Wait for the visa. Once the PERM has been approved you will need to wait for the EB-2 or EB-3 visa.

Reduce EB-2 and EB-3 Processing Time by Purchasing “Premium Processing”

Once these steps are complete, you may choose to purchase premium processing. This feature reduces the PERM processing time to two weeks for an additional cost of $2,500 which must be paid out to immigration authorities.

In some cases, premium processing may be worth the investment in order to cut wait times. However, keep in mind that applicants will still need to wait in queue for their EB-2 or EB-3 green cards.

EB-2 and EB-3 Priority Dates

Your priority date is when USCIS receives your I-140 petition. Some visa preference levels have a large backlog due to the annual immigrant visa limit.

Visa Bulletins from the Department of State (DOS) inform applicants of final action dates each month. You can file your I-485 when the final action date matches your priority date and you get a visa number. The final action dates differ by country.

The Visa Bulletin lists the latest date for family-sponsored, employment-based, and diversity (lottery) visa numbers for different categories and countries.

EB-3 to EB-2 Porting

Many applicants want to switch their EB-3 petition to EB-2 because to the considerably reduced priority date wait time.

However, this will force you to find a far more complicated work with the same or different business. An advanced degree or five years of experience may be needed in addition to a bachelor’s degree.

If you get such a job, your company can file for another PERM Labor Certification. After that, your company can file a fresh I-140 petition to keep the original priority date.

This process can be intricate and delicate, so it’s crucial to hire an experienced immigration attorney to help it go well.

Note:

You should thoroughly examine the process in order to select the best solution. An honest evaluation of your education, skills, and years of relevant industry experience can assist you in determining which category is appropriate for you.

Working with a knowledgeable immigration attorney can help you determine the minimum standards for employers and employees. That way, you’ll be able to present yourself in the best light while applying for a green card.