(Old) Your Essential Guide to EB-2 and EB-3 Visas

Introduction

Employment-based green cards play a pivotal role in immigration for skilled professionals worldwide. EB-2 and EB-3 are two important categories in this system, offering different paths to permanent residency in the United States. The United States Citizenship and Immigration Services (USCIS) issues these visas based on factors like education, skills, and country of origin.

Before deciding which visa is right for you, it's essential to explore your options thoroughly. In this guide, we'll delve into the differences between EB-2 and EB-3 visas, helping you make informed decisions tailored to your unique circumstances. Discover the nuances of each visa, find out which one best fits your goals, and navigate the immigration process confidently.

What Is an EB-2 and EB-3 Visa?

EB-2 and EB-3 visas are essential pathways for skilled professionals and academics aiming to obtain permanent residency in the United States. These visas fall under the category of employment-based immigrant visas, meaning that in most cases, sponsorship from a U.S. employer is necessary. Additionally, there must be no other qualified and willing American workers available for the job.

Successful applicants of both EB-2 and EB-3 visas are granted permanent resident status, commonly known as a green card, in the United States. Recognized as high-priority categories by the United States Citizenship and Immigration Services (USCIS), the availability of visas under EB-2 and EB-3 classifications is notably high.

They are considered the most sought-after visas among the EB category, as EB-1 are designated for those with extraordinary talents and are harder to obtain, and EB-4 and EB-5 have very specific criteria which may not fit some individuals.

What Is an EB-2 Visa?

The EB-2 visa, known as the second-preference employment visa, is designed for individuals with advanced degrees or exceptional abilities in their fields. It caters to those holding master's degrees or higher, or equivalent foreign qualifications.

Additionally, individuals with a bachelor's degree (or equivalent) and at least five years of work experience may qualify. Exceptional ability is demonstrated through awards, extensive work experience, or other evidence of expertise.

The EB-2 visa also extends to professionals committed to serving the national interest of the United States, such as healthcare professionals working in underserved areas.

What Is an EB-3 Visa?

The EB-3 visa, known as the third-preference employment visa, provides opportunities for professionals, skilled workers, and unskilled workers to seek employment in the United States. Professionals, defined as individuals with bachelor's degrees or higher (or their foreign equivalents), constitute one eligible group for the EB-3 visa. Skilled workers, with two or more years of relevant work experience, also qualify for this visa category. Additionally, the EB-3 visa extends to unskilled workers, who possess less than two years of relevant work experience.

Benefits of EB-2 and EB-3 Visas

The EB-2 and EB-3 visas provide individuals with permanent residency in the United States, known as a green card, allowing several benefits such as:

• Holders of EB-2 and EB-3 green cards can reside and seek employment anywhere in the United States.

• Convenient entry and exit to and from the United States, allowing travel for personal and professional reasons.

• Green card holders can sponsor their family members for family-based green cards.

• As permanent residents, individuals have the opportunity to become U.S. citizens through naturalization, granting them full rights and responsibilities.

• EB-2 and EB-3 visa holders can attend schools and universities across the United States, giving access to a wide range of educational programs and opportunities.

Image: Benefits of EB-2 and EB-3 Visas

EB-2 vs. EB-3 Visa: How Are They Different?

When looking into the EB-2 vs EB-3 visa, a crucial difference lies in their priority levels within the employment-based visa system. The EB-2 visa holds the second-preference status, while the EB-3 visa is categorized as third-preference. This means that EB2 visas are slightly favored over EB-3 visas in the immigration process.

Data shows that EB-2 visas makeup 28.7% of approved employment-based visas, indicating their high demand. Additionally, when there's more supply than demand for EB-1 visas, EB-2 visas can fill the remaining slots. On the other hand, EB-3 visas also represent 28.7% of approved employment-based visas but lack eligibility for "spillover" spots from EB-1 or EB-2 categories.

The stricter standards for EB-2 visas contribute to their elevated preference and desirability among applicants, making them a sought-after choice in the employment-based immigration landscape. However, EB-3 visas offer more flexibility with less stringent requirements, attracting a broader range of candidates seeking employment-based green cards.

Subcategories of EB-3 Visa

There are primarily three subcategories of the EB3 visa, based on varying levels of experience:

• Skilled workers

These individuals hold positions that require a minimum of two years of work experience or training, and the jobs are not temporary or seasonal in nature. Skilled workers typically have acquired expertise through training or prior work experience.

• Professionals

In this subcategory, candidates must have a U.S. bachelor's degree or its foreign equivalent. They are also members of their respective professions and possess qualifications equivalent to a U.S. bachelor's degree.

• Other workers

This subcategory comprises individuals engaged in unskilled labor that is neither temporary nor seasonal. Jobs in this category require less than two years of work experience or training and often serve as entry-level positions.

Eligibility for EB-2 and EB-3

Eligibility for the EB-2 and EB-3 immigrant categories varies based on the qualifications of the applicant and the nature of the position. For EB-2, candidates must either possess an advanced degree or demonstrate exceptional ability in fields like sciences, arts, or business. Conversely, EB-3 requires the position to necessitate at least a bachelor’s degree.

Both EB-2 and EB-3 processes involve two key stages: first, obtaining labor certification from the U.S. Department of Labor (DOL), and second, securing approval for Form I-140 immigrant petitions from the U.S. Citizenship and Immigration Services (USCIS).

Requirements for EB-2

To qualify for an EB-2 visa, applicants must meet specific eligibility criteria outlined by the U.S. immigration authorities. Here are the key requirements:

Advanced Degree Route:

• Hold one or more advanced degrees and have a minimum of 5 years of progressive work experience.
• Provide official academic records demonstrating advanced degrees from a U.S. institution or its foreign equivalent.
• Submit recommendation letters from current or former employers verifying your work experience.

Exceptional Ability Route:

• Demonstrate exceptional ability significantly above the norm in sciences, arts, or business.
• Possess a job offer from a U.S. employer.
• Provide documentation such as academic records, work experience, professional licenses, salary evidence, professional memberships, recognition, and other relevant evidence confirming exceptional ability.

Additionally, the EB-2 visa process requires adherence to the PERM Labor Certification process mandated by the U.S. Department of Labor. This process involves testing the job market to ensure no qualified U.S. workers are available for the position.

Requirements for EB-3

To qualify for an EB-3 visa, applicants must meet specific eligibility requirements outlined by U.S. immigration laws. Here are the key criteria:

Skilled Worker Category:

• Have at least two years of professional experience or training, with some post-secondary education considered as training.
• Perform a job that cannot be filled by an American citizen or lawful permanent resident.

Professional Category:

• Possess a bachelor’s degree or an equivalent qualification in the relevant field.
• Demonstrate professional work experience along with a bachelor’s degree or equivalent.

Unskilled Worker Category:

• Engage in roles requiring less than two years of training or experience.

Additionally, applicants must obtain a PERM labor certification, allowing companies to hire foreign nationals for permanent positions in the U.S. This certification involves the company confirming the unavailability of qualified American citizens for the job. Furthermore, applicants must secure employment offers from U.S. companies for non-temporary or seasonal work based within the country.

EB-2 and EB-3 Processing Times

EB-2 Processing Time

When looking into the USCIS historic processing times data you might expect to wait for the form I-140 for 4 months on average. However, premium processing might accelerate this process and the wait time will decrease to 15 days only. After I-140 approval the applicant should expect another awaiting time - this time for a visa to become available. The length of that process depends solely on the country of origin. The moment the visa is available an applicant can proceed with a green card application.

For candidates applying from inside the U.S. the average processing time of the form I-485 for employment visa applications is 7.5 to 32.5 months. On the other hand, if the applicant is outside the U.S. at the time of applying for the green card the case will be transferred to the National Visa Center (NVC). The NVC will send the application to the closest embassy or consulate to arrange an interview. The duration of waiting for this phase varies based on the applicant's location. Check the status of your case on the USCIS website, or use the processing times tool to get a general estimate.

EB-3 Processing Times

In general the process looks similar to EB-2 visa processing. However, EB-3 visa applicants often face backlog issues, with the application process taking anywhere from 1 to 3 years.

EB-2 visas have higher requirements thus the number of candidates is lower in contrast to the EB-3 which is in high demand due to the lower bar. Again, depending on the applicant’s country of origin it can be 1 to 3 years or for nationals of countries, such as China or India, wait times can be over 10 years.

EB-2 and EB-3 Visa Costs

The visa processing costs for EB-2 and EB-3 are identical, and they can only differ depending on where the individual applies from.

For applicants filing from within the U.S.:

• Form I-140 (Immigrant Petition for Alien Worker) Filing Fee: $700 (paid by the employer)
• Immigrant Fee: $220
• Form I-485 (the adjustment of status application) Filing Fee: $1140
• Biometrics Fee: $85 (required for applicants aged 14 to 79)

For applicants applying from outside the U.S.:

• Form I-140 (Immigrant Petition for Alien Worker) Filing Fee: $700 (paid by the sponsoring employer)
• Form DS-260 (green card application) Filing Fee: $345
• Form I-864 (Affidavit of Support) Filing Fee: $120
• Biometrics Fee: $85 (required for applicants aged 14 to 79)

Switching Between the EB-2 and EB-3 Visas

Transitioning between the EB-2 and EB-3 visas is allowed, with the process involving either downgrading from EB-2 to EB3 or porting from EB-3 to EB-2. Downgrading refers to moving from the EB-2 to the EB-3 visa category, while porting signifies the opposite transition.

The priority date, determined by the filing date of the PERM labor certification application, plays an important role in this switch. This date is crucial in determining visa availability and application processing timelines.

EB-3 to EB-2 Visa Porting

Many individuals consider transferring their EB-3 petition to the EB-2 category due to shorter wait times for priority dates. This process, called EB-3 to EB-2 porting, involves securing a more complex job than the original one, possibly requiring an advanced degree or five years of additional experience beyond a bachelor’s degree.

If a suitable position is obtained, the employer can file a new PERM Labor Certification for the upgraded role. Subsequently, the employer can file a new I-140 petition and request to retain the previous priority date, facilitating the transition to the EB-2 visa category.

EB-2 to EB-3 Visa Downgrading

Downgrading from an EB-2 to an EB-3 visa may also be considered when applicants choose to switch their visa category due to changes in priority dates. This adjustment allows individuals to potentially expedite their immigration process by taking advantage of the current priority dates in the EB-3 category.

To facilitate this transition, the employer must file a new petition under the EB-3 classification on behalf of the applicant. Typically, those who are eligible for EB-2 are also eligible for EB-3 as the visa category has less stringent requirements.

Types of Employment-Based (EB) Visa Categories

The Employment-Based (EB) visas are ranked in a hierarchical manner based on their preference in the immigration system. They are ordered as follows:

1. EB-1: Exceptional Ability

Reserved for individuals of extraordinary ability, including Nobel or Pulitzer prize winners, and Olympians. This category, due to its stringent criteria, is challenging to obtain, but EB-1 workers do not require a job offer, reflecting their exceptional status.

1. EB-2: Advanced Degree or Exceptional Ability

Targets individuals with advanced degrees and specialized knowledge in fields like medicine, engineering, and business. A formal job offer from an employer is essential for entry into the U.S. under this category.

1. EB-3: Skilled, Professional, or Other Workers

Intended for candidates with at least a Bachelor’s degree and five years of experience. While the requirements are less stringent than EB-2, the backlog for EB-3 visas results in longer processing times.

1. EB-4: Special Immigrants

Non-profit workers affiliated with religious institutions, with specific eligibility criteria for various individuals including religious workers, broadcasters, and specific physicians.

1. EB-5: Investors

Reserved for investors willing to invest at least $1 million in a U.S. enterprise and create jobs for American workers. Successful investors are granted a residential visa after a 2-year review period.

Conclusion

Overall, the EB-2 and EB-3 visas offer individuals the chance to obtain permanent residency through employment based opportunities in the United States. It is important to grasp the complexities of the application process, the parameters of the criteria for each visa type as well the costs that may go into pursuing these employment based immigrant visas.

Algorizin is here to assist you in navigating these complexities and help you secure the right employer to guide you through the application and meet all the stringent criterias. If you are working in the tech industry and wish to pursue an employment based immigrant visa but don’t know where to start, we’re here to help you achieve your dreams in the United States.

FAQs

EB-2 takes more time than EB-1 because it's a more accessible route which causes the backlog. In addition, EB-2 applicants need a job offer from an employer, while EB-1 applicants don't require one. EB-2 also has more demand and a backlog, leading to longer processing times.

The EB-2 green card, irrespective of its specific subcategory, falls under the second-preference category for employment-based immigration. The timing for your application will be influenced by your country of origin, which can lead to a longer processing time compared to the EB-1 category. This is particularly true for applicants from countries known to have extended waiting periods.

There is no specific age limit for EB-2 and EB-3 visas. However, applicants must meet the relevant eligibility criteria outlined by the U.S. Citizenship and Immigration Services (USCIS) for each visa category, which primarily focus on professional qualifications, skills, and experience rather than age.

Yes, generally, EB-2 visas have a faster processing time compared to EB-3 visas. While both EB-2 and EB-3 visas require the same Form I-140 processing time, EB-2 petitions typically have shorter overall processing times due to a lesser backlog.

Around 40,000 EB-2 and EB-3 visas are available per year.

Check the receipt notice issued by USCIS for your I-140 petition, the receipt number will allow you to check for a status update online here.

Yes you can use premium processing for both EB-2 and EB-3 by filling out the I-907 form and paying the $2,500 fee. This will expedite the processing time to 15 days.

EB-2 and EB-2 NIW differ in their eligibility requirements. The EB-2 visa requires an employer sponsorship, a job offer and labor certification. Whereas the EB-2 NIW visa allows individuals to self-petition, bypassing the need for employer sponsorship and labor certification by demonstrating their work’s significant national interest.

28.7% of approved employment based visas are EB-2 visas, with another 28.7% of them being EB-3 visas.

The EB-3 visa is an immigrant visa, offering permanent residency, commonly referred to as a green card, to its recipients.

On the other hand, the H-1B visa is a nonimmigrant visa that allows individuals to work temporarily in the United States. While EB-3 visa holders obtain permanent residency status, granting them the right to live and work in the U.S. indefinitely, H-1B visa holders can only stay in the country for a limited period, usually up to six years.

Yes, it is possible to obtain an EB-3 or EB-2 visa without having an H-1B visa. While the H-1B is a common route to secure an EB-3, there are alternative pathways.

Nonimmigrant visas like the O-1, L-1, and E visas, which allow for "dual intent," can also lead to EB-3 eligibility. However, if you meet the criteria for these visas, you might be better suited for an EB-1 or EB-2 green card, although it doesn't exclude you from the EB-3.

Another option is to obtain an EB-2 or EB-3 directly without initially acquiring a nonimmigrant visa. Through consular processing and a personal interview with a consular officer at a U.S. Consulate or Embassy in your home country, you can enter the U.S. as a lawful permanent resident without adjusting your status.

Yes, EB2 and EB3 visa holders can generally change jobs after obtaining their visas. Typically, EB-2 and EB-3 visa holders are not tied to a specific employer and have the flexibility to switch employers as long as they continue to work in the same or similar occupational category for which the visa was granted.

Potentially. The EB-3 visa has a category for individuals with less than 2 years of experience, which means you might qualify even without prior experience. However, this places you in a different preference category in the visa bulletin, potentially affecting your waiting time for a visa. It’s best to consult with an immigration lawyer.

Yes, you can still be eligible for an EB-2 Green Card if you have exceptional abilities in your field, even if you don’t have an advanced degree. The focus is on your exceptional skills and achievements.

While there is no fixed minimum salary requirement for the EB-2 and EB-3 visas, the employer must offer a wage that meets the prevailing wage for the occupation.

If your attempt to “port” is denied, your denial notice will inform you of whether or not you can appeal the decision or file the legal motions to reopen or reconsider your case.

Reopening a case is used when you have new evidence to bring to your case and reconsidering is used when you can argue that the evaluating officer was incorrect in denying your application from a legal standpoint. Fortunately, you will still have your EB-3 petition to fall back on if your EB-2 porting attempt was denied.

The path from an EB-3 or EB-2 to citizenship follows the naturalization process. To qualify, ensure you are at least 18 years old and meet specific criteria: being an EB-3 holder for at least 5 years, married to a U.S. citizen for 3 years, or currently serving in the U.S. military. File an N-400 citizenship application form with USCIS, including your EB-3 green card, passport-sized photos, and a $725 processing fee.

You must also demonstrate good moral character, basic English proficiency, knowledge of U.S. history, government, and continuous residence in the U.S. for the required period.

Unfortunately, the length of the process varies from one country to another due to the high demand. For citizens of some countries such as India, it might take up to 15 years.