Green Card Process Steps: EB-1 EB-2 and EB-3 Visa

If you are looking to obtain a U.S. Green Card through employment, you have likely come across the EB-1, EB-2, and EB-3 categories. These are the most common employment-based green cards that allow qualified foreign nationals to live and work permanently in the United States.

These employment-based visas help foreign nationals secure permanent residency (Green Card) through employment sponsorship or self-petitioning.

Each year, the U.S. Citizenship and Immigration Services (USCIS) allocates approximately 140,000 green cards for employment-based immigration. These are divided into several preference categories: EB1, EB2, and EB3.

Each category has specific eligibility criteria based on education, work experience, job type, and employer sponsorship requirements. Choosing the right category is crucial to ensure a smoother application process and faster approval.

This guide will explain these visa categories, qualifications, application processes, and tips for securing approval.

Understanding Employment-Based Green Cards

Employment-based (EB) green cards allow skilled professionals, researchers, and workers to obtain permanent residency in the U.S.. The government assigns a limited number of visas per year, and each category has different requirements and processing times.

Main Employment-Based Green Card Categories

EB-1: Priority Workers (highly talented individuals)
EB-2: Advanced Degree Holders & Exceptional Ability Professionals
EB-3: Skilled Workers, Professionals, and Other Workers (including some unskilled jobs)

Each category has different wait times, processing procedures, and qualification standards.

EB-1 Green Card: Priority Workers

The EB-1 green card is designed for highly skilled and accomplished professionals with significant achievements. It is the fastest pathway among employment-based green cards, often without a labor certification requirement.

Advantages of EB1 Visa:

No labor certification (PERM) required.
Faster processing times compared to EB2 and EB3.
Self-petition available for EB1A applicants.

EB-1 Subcategories:

EB-1A – Extraordinary Ability
EB-1B – Outstanding Professors and Researchers
EB-1C – Multinational Managers and Executives

1. EB-1A: Extraordinary Ability

This category is for individuals with exceptional talent in sciences, arts, education, business, or athletics.

Eligibility Requirements:

Must provide evidence of extraordinary ability, such as:
- Major international awards (e.g., Pulitzer Prize, Nobel Prize, Oscar)
- Publications, media recognition, or original contributions to your field
- Membership in organizations requiring outstanding achievements
- High salaries compared to industry standards
No job offer required (self-petition is allowed)
No PERM labor certification required

Advantages:

✅ Fast processing (priority status)
✅ No employer sponsorship required
✅ Great for self-employed professionals or freelancers

Disadvantages:

❌ Extremely difficult to qualify
❌ Requires extensive proof of national or international recognition

🔗 Check EB-1A Requirements

2. EB-1B: Outstanding Professors and Researchers

This category is for professors and researchers who have gained international recognition.

Eligibility Requirements:

Must have at least 3 years of research or teaching experience
Must have a permanent job offer from a U.S. employer
Must provide proof of outstanding achievements, such as:
- Published research papers
- Major industry awards
- Membership in prestigious organizations

Advantages:

✅ Faster than EB-2 and EB-3
✅ No PERM labor certification required

Disadvantages:

❌ Requires an employment offer from a U.S. university or research institution

3. EB-1C: Multinational Managers and Executives

This category is for high-level executives and managers transferring from a multinational company to a U.S. branch.

Eligibility Requirements:

Must have worked abroad for the company for at least 1 year in the last 3 years
Must continue in a managerial or executive role in the U.S.
The company must have a qualifying relationship (subsidiary, affiliate, parent company)

Advantages:

✅ No PERM labor certification required
✅ Fastest route for multinational executives

Disadvantages:

❌ Requires a specific employer and an existing relationship between the foreign and U.S. company

🔗 Learn More About EB-1C

EB-2 Green Card: Advanced Degree Holders & Exceptional Ability

The EB-2 green card is for professionals with advanced degrees or exceptional abilities in their fields.

Advantages of EB2 Visa:

More accessible than EB1 but still has strict qualifications.
NIW allows self-petition without employer sponsorship.
Generally faster processing than EB3.

EB-2 Subcategories:

Advanced Degree Holders
Exceptional Ability Professionals
National Interest Waiver (NIW)

1. EB-2 Advanced Degree Holders

This category requires a master’s degree or higher (or equivalent).

Eligibility Requirements:

A U.S. job offer that requires an advanced degree
Labor certification (PERM) is required

Advantages:

✅ Faster than EB-3
✅ Good for professionals with advanced education

Disadvantages:

❌ Requires an employer sponsor
❌ Requires PERM labor certification

2. EB-2 Exceptional Ability

This category is for individuals with exceptional ability in science, business, or arts.

Eligibility Requirements:

Must meet at least three of the following:
- Degree in your field
- 10+ years of work experience
- Membership in professional associations
- Recognized achievements

Advantages:

✅ Easier than EB-1A but still requires proof of achievements

3. EB-2 National Interest Waiver (NIW)

This is the most flexible EB-2 category, allowing applicants to self-petition.

Eligibility Requirements:

Must prove your work is in the U.S. national interest
No job offer or labor certification required

Advantages:

✅ No employer needed
✅ Faster than standard EB-2

🔗 How to Apply for EB-2 NIW

EB-3 Green Card: Skilled & Unskilled Workers

The EB-3 category is the most flexible but has longer processing times.

Advantages of EB3 Visa:

More accessible with lower qualification requirements.
Allows unskilled workers to obtain permanent residency.

EB-3 Subcategories:

Skilled Workers (2+ years experience)
Professionals (bachelor’s degree)
Other Workers (unskilled)

Requirements for All EB-3 Applicants:

Must have a permanent job offer from a U.S. employer, ensuring that all qualified applicants are considered during the hiring process
Must go through PERM labor certification

Advantages:

✅ Easier qualification compared to EB-1 and EB-2
✅ Suitable for a wider range of jobs

Disadvantages:

❌ Longest waiting times due to backlog
❌ Requires labor certification and employer sponsorship

🔗 Check Current EB-3 Visa Backlogs

EB-1, EB-2, EB-3: Key Differences and Considerations

Eligibility Criteria: EB-1 has the most stringent requirements, targeting top-tier professionals. EB-2 is for advanced professionals and those with exceptional abilities, while EB-3 encompasses a broader range of workers, including skilled and unskilled labor.
Labor Certification: Both EB-2 (except for NIW) and EB-3 categories typically require a PERM labor certification to ensure that hiring foreign workers won’t adversely affect U.S. workers’ wages and job opportunities.
Processing Times: EB-1 applications often benefit from faster processing due to higher priority and fewer applicants. In contrast, EB-2 and EB-3 categories might experience longer wait times, especially for applicants from countries with high demand, such as India and China.

Application Process Overview

Labor Certification (if required): The employer must obtain a PERM labor certification from the Department of Labor, demonstrating that there are no qualified U.S. workers for the position.
Immigrant Petition: The employer files Form I-140, Petition for Alien Worker, on behalf of the foreign national.
Adjustment of Status or Consular Processing: If the applicant is in the U.S., they may apply to adjust their status to permanent resident. If abroad, they will undergo consular processing at a U.S. embassy or consulate.niwandeb-1.com

Comparison Table: EB-1 vs. EB-2 vs. EB-3

Category	Processing Speed	Job Offer Required?	PERM Certification?
EB-1A	Fastest	No	No
EB-1B	Fast	Yes	No
EB-1C	Fast	Yes	No
EB-2	Medium	Yes	Yes (unless NIW)
EB-3	Slowest	Yes	Yes

Processing Times

Processing times for EB visas depend on various factors such as visa category, applicant’s country of origin, and priority date availability.

EB1: Typically the fastest, with priority dates often current for most countries.
EB2: Moderate processing times, though applicants from countries like India and China may face significant backlogs.
EB3: Generally the slowest due to high demand and labor certification requirements.

Premium Processing Availability

EB1A, EB1B, and EB2 (except NIW) allow premium processing for $2,500, reducing I-140 petition processing to 15 calendar days.
EB1C and EB2 NIW qualify for 45 day premium processing.

Choosing the Right Visa for You

To determine the best employment-based visa category, consider:

Your qualifications: If you have extraordinary abilities, EB1 may be the best option. If you hold an advanced degree, EB2 might be suitable.
Job offer requirements: If you lack an employer sponsor, self-petitioning through EB1A or EB2 NIW could be beneficial.
Processing time: If speed is a priority, EB1 is the fastest, followed by EB2 and then EB3.

I-140 Immigrant Petition

What is the I-140 Petition?

Required for EB-1, EB2 and EB3 visa applicants.
Must be filed within 180 days of PERM certification approval.
Establishes the employer’s ability to pay the offered salary.

Common Reasons for I-140 Denials

Applicant does not meet job qualifications.
Employer fails to prove financial ability to pay.
USCIS doubts the legitimacy of the job offer.

Final Step: Adjustment of Status (AOS) or Consular Processing

1. Adjustment of Status (Form I-485)

Allows applicants already in the U.S. to obtain a Green Card.
Provides Employment Authorization Document (EAD) while pending.

2. Consular Processing

For applicants outside the U.S..
Green Card is obtained at a U.S. consulate.

Travel and Work While Pending

Applicants must apply for Advance Parole if they plan to travel.
Work authorization is granted through EAD cards.

Track your case status online

Deep Dive Into Requirements for Each EB Category

Employment-Based Immigration: First Preference EB-1

The EB-1 visa is a first-preference, employment-based green card category designed for highly skilled professionals, outstanding professors or researchers, and multinational executives or managers. This category is highly desirable due to faster processing times and the waiver of labor certification requirements.

Who Qualifies for an EB-1 Visa?

The EB-1 visa is divided into three distinct subcategories:

Extraordinary Ability – Reserved for individuals with national or international acclaim in sciences, arts, education, business, or athletics.
Outstanding Professors and Researchers – For those recognized internationally for outstanding academic achievements.
Multinational Executives and Managers – For senior executives and managers working for multinational companies.

Each subcategory has specific eligibility requirements that must be met.

1. EB-1A: Extraordinary Ability

Eligibility Requirements

To qualify, you must demonstrate sustained national or international acclaim in your field. This can be done by meeting at least 3 out of 10 listed criteria or providing evidence of a major international award (e.g., Pulitzer Prize, Oscar, Olympic Medal).

Required Evidence

You must provide proof of at least three of the following:

Awards & Recognition: Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
Memberships: Membership in associations requiring outstanding achievements.
Publications About You: Published material about you in professional or major trade publications or media.
Judging the Work of Others: Serving as a judge or panelist evaluating the work of others.
Original Contributions: Significant original contributions in science, academia, business, or the arts.
Scholarly Articles: Published scholarly articles in professional or major trade publications.
Artistic Exhibitions: Displaying work at artistic exhibitions or showcases.
Critical Roles: Leading or playing a critical role in distinguished organizations.
High Salary: Earning a significantly higher salary than others in your field.
Commercial Success: Demonstrating commercial success in the performing arts.

📌 No job offer or employer sponsorship is required for EB-1A applicants.

🔗 More on Extraordinary Ability Requirements

2. EB-1B: Outstanding Professors and Researchers

Eligibility Requirements

To qualify, you must:

Demonstrate international recognition for outstanding achievements in an academic field.
Have at least three years of teaching or research experience.
Have a tenure-track teaching or research position in the U.S. at a university or a similar academic institution.

Required Evidence

You must meet at least two of the following six criteria:

Awards & Recognition: Receipt of major prizes or awards for outstanding achievements.
Memberships: Membership in associations requiring outstanding achievements.
Published Material: Publications in professional journals written by others about your work.
Judging the Work of Others: Serving as a judge or panelist evaluating academic work.
Original Research Contributions: Evidence of significant original research.
Scholarly Books or Articles: Authorship of scholarly books or articles published in international journals.

📌 An employment offer from a U.S. employer is required for EB-1B applicants.

🔗 More on EB-1B Requirements

3. EB-1C: Multinational Executives and Managers

Eligibility Requirements

To qualify, you must:

Have been employed outside the U.S. for at least one year within the past three years by a qualifying multinational company.
Be seeking to continue working in an executive or managerial capacity for the U.S. branch of the company.
Ensure the U.S. employer has a qualifying relationship with the foreign entity (e.g., parent, subsidiary, or affiliate).

Required Evidence

Your petitioning employer must:

Prove that the U.S. company has been in operation for at least one year.
Demonstrate the qualifying relationship with the foreign company.
Confirm that you are offered a managerial or executive role.

📌 An employment offer from a U.S. employer is required for EB-1C applicants.

🔗 More on EB-1C Requirements

Application Process

Step 1: File Form I-140

Extraordinary Ability: You may self-petition by filing Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers & Multinational Executives: Your U.S. employer must file Form I-140 on your behalf.

🔗 Download Form I-140

Step 2: Provide Supporting Evidence

Submit relevant documentation proving eligibility.
Employer must demonstrate the ability to pay the offered wage through annual reports, tax returns, or audited financial statements.

Step 3: Adjustment of Status or Consular Processing

If in the U.S., file Form I-485 (Adjustment of Status).
If outside the U.S., apply for an immigrant visa at a U.S. consulate.

🔗 More on Adjustment of Status

Family Members of EB-1 Visa Holders

Spouses and unmarried children (under 21) of EB-1 visa holders may apply for a green card under:

E-14 status (Spouses)
E-15 status (Children under 21)

📌 Spouses can apply for work authorization (EAD) and work in any field.

🔗 Work Authorization for EB-1 Spouses

Processing Times & Fees

Processing Time: 6-12 months (varies by country & USCIS workload).
Filing Fee: $715 (Form I-140) + additional fees for Adjustment of Status (if applicable).
Premium Processing: Available for EB-1A and EB-1B ($2,805 15-day processing).

🔗 Check Current USCIS Processing Times

Conclusion: Is EB-1 Right for You?

The EB-1 green card is a highly sought-after pathway for professionals with exceptional qualifications. It offers faster processing, no labor certification, and in some cases, self-petitioning options.

✅ Best for:

Highly accomplished professionals in science, education, business, or the arts
Professors and researchers with global recognition
Executives or managers at multinational corporations

🚀 Next Steps:

Determine if you meet the eligibility requirements.
Gather strong evidence of your qualifications.
Consult an immigration attorney for personalized guidance.

🔗 Begin Your EB-1 Application

Employment-Based Immigration: Second Preference (EB-2) Visa

Overview

The Employment-Based, Second Preference (EB-2) visa is designed for professionals holding an advanced degree or those with exceptional ability in the sciences, arts, or business. This visa category allows qualified individuals to immigrate to the United States for employment purposes.

Eligibility Criteria

1. Advanced Degree Professionals

To qualify as an advanced degree professional, you must:

Hold a U.S. academic or professional degree beyond a bachelor’s degree, or a foreign equivalent.
Alternatively, possess a U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive work experience in your field.
The position offered must require an advanced degree as the minimum educational qualification.

Required Documentation:

Official academic records (diplomas, degrees, and transcripts).
Employment verification letters confirming post-bachelor’s work experience.
If a doctoral degree is required, official records showing a U.S. Ph.D. or foreign equivalent.

2. Exceptional Ability in Science, Arts, or Business

You must demonstrate exceptional ability, meaning a higher level of expertise than what is typically found in your field.

You must meet at least 3 of the following criteria:

✅ Official academic record showing education related to your field.

✅ Letters from employers confirming 10+ years of full-time experience in your field.

✅ A license or certification to practice in your profession.

✅ Evidence of a high salary that demonstrates exceptional ability.

✅ Membership in professional associations.

✅ Recognition of achievements and significant contributions from peers, professional organizations, or government entities.

✅ Any other comparable evidence of eligibility.

Labor Certification Requirements

1. Standard Labor Certification

Most EB-2 applications require a DOL-approved labor certification (Form ETA-9089), proving that:

No qualified U.S. workers are available for the position.
Hiring a foreign worker will not adversely affect U.S. workers.

2. Exceptions to the Labor Certification Requirement

Certain occupations and individuals may be exempt from labor certification:

A. Schedule A Designation

Covers nurses, physical therapists, and individuals with exceptional ability in arts and sciences.
Requires an uncertified ETA-9089 form, a signed Final Determination, and a prevailing wage determination tracking number.
More on Schedule A

B. National Interest Waiver (NIW)

Applicants can self-petition without a job offer if their work is of substantial merit and national importance.
Must submit ETA-9089, Appendix A with supporting documentation.
More on National Interest Waivers

Filing Process & Required Forms

1. Immigrant Petition (Form I-140)

Filed by a U.S. employer or self-filed for NIW applicants.
Requires supporting documentation for qualifications and labor certification.
Form I-140 Instructions

2. Family Sponsorship

If your I-140 petition is approved, your family may join you:

Spouse – E-21 immigrant status.
Children under 21 – E-22 immigrant status.

3. Adjustment of Status (Form I-485) or Consular Processing

If already in the U.S., apply for a green card (I-485 Adjustment of Status).
If outside the U.S., complete Consular Processing.

National Interest Waiver (NIW) – Key Considerations

Three-Prong Test for NIW Approval

USCIS assesses NIW petitions based on three factors:

1. The Proposed Endeavor Must Have Substantial Merit and National Importance

✔ Clearly define your specific work and how it contributes to national priorities. ✔ Provide real-world impact evidence, not just general industry importance. ✔ Examples include STEM research, public health advancements, clean energy projects, etc.

2. You Must Be Well-Positioned to Advance the Endeavor

✔ Present a strong track record of relevant work and contributions. ✔ Show your education, skills, and industry recognition. ✔ Demonstrate interest from investors, clients, or government entities. ✔ USCIS Policy Manual: NIW Criteria

3. Waiving the Job Offer & Labor Certification Must Benefit the U.S.

✔ Prove why obtaining labor certification is impractical (e.g., self-employed, unique skill set). ✔ Show how your work benefits the U.S., beyond just your employer. ✔ Demonstrate potential for job creation, economic growth, or technological advancements.

Additional Evidence for NIW Petitions

🔹 Letters from government agencies supporting your work. 🔹 Media coverage of your contributions. 🔹 Documentation of patents, innovations, or research.

Costs and Processing Times

Fee Type	Amount
Form I-140 Filing Fee	$715
Premium Processing (Optional)	$2,805
I-485 Adjustment of Status	$1,440

📌 Processing Time: 6 to 12 months (varies by case and workload).

Check USCIS Processing Times

Final Thoughts

The EB-2 visa offers a pathway for highly skilled professionals to contribute to the U.S. workforce. Understanding eligibility, petitioning requirements, and the National Interest Waiver process can help applicants navigate their journey effectively.

Employment-Based Immigration: Third Preference (EB-3) Visa

The EB-3 visa is an employment-based immigrant visa category that allows skilled workers, professionals, and unskilled workers (other workers) to obtain permanent residency in the United States. This visa category is ideal for individuals who have a U.S. job offer and meet specific skill or education requirements.

Who is Eligible for an EB-3 Visa?

The EB-3 visa is divided into three subcategories:

1. Skilled Workers

Must have at least 2 years of job experience or training.
The job must be permanent, full-time, and not seasonal or temporary.
Post-secondary education may count as training.
Must meet all job-specific educational, training, or experience requirements.

2. Professionals

Must have at least a U.S. bachelor’s degree or foreign equivalent.
The degree must be required for entry into the occupation.
Education and experience cannot be substituted for a bachelor’s degree.
Must meet all job-specific educational, training, or experience requirements.

3. Other Workers (Unskilled Workers)

The job requires less than 2 years of experience or training.
The job must be permanent, full-time, and not seasonal or temporary.
Must meet all job-specific educational, training, or experience requirements.

Labor Certification (PERM Process)

To apply for an EB-3 visa, most applicants need an approved PERM Labor Certification from the U.S. Department of Labor (DOL). The process ensures that there are no qualified U.S. workers available for the job.

Steps in the Labor Certification Process

Prevailing Wage Determination: Employer obtains a prevailing wage from DOL.
Recruitment Process: Employer must test the labor market by advertising the job.
Filing Form ETA-9089: Employer submits the application to DOL for approval.
Approval: Once certified, the employer can file the I-140 petition with USCIS.

📌 New! As of June 1, 2023, all labor certification applications must be filed through the DOL’s Foreign Labor Application Gateway (FLAG). Learn more about FLAG.

Schedule A Occupations (Labor Certification Not Required)

Certain occupations fall under Schedule A, meaning they do not require a separate labor certification because the government has already determined there are not enough U.S. workers. These include:

Group I: Professional Nurses & Physical Therapists.
Group II: Individuals with exceptional ability in sciences, arts, or performing arts.

For Schedule A, employers submit an uncertified Form ETA-9089 along with an approved prevailing wage determination.

How to Apply for an EB-3 Visa

Step 1: Labor Certification (If Required)

Employer files Form ETA-9089 with the Department of Labor.
If approved, the employer proceeds with Form I-140.

Step 2: Filing Form I-140 (Immigrant Petition for Alien Workers)

Employer submits Form I-140 with USCIS.
Must include:
- Approved ETA-9089 (Labor Certification)
- Proof of financial ability to pay the worker
- Documentation proving the worker meets the job requirements
Filing fees apply. Check USCIS Form I-140 page for the latest fee details.

Step 3: Priority Date and Visa Availability

The priority date is when the labor certification or I-140 is filed.
Applicants must wait for a visa number to become available based on Visa Bulletin updates.
- Check the Visa Bulletin for current wait times.

Step 4: Adjustment of Status (Form I-485) or Consular Processing

If in the U.S., file Form I-485 (Adjustment of Status).
If outside the U.S., attend an interview at a U.S. consulate abroad.
Upon approval, the applicant receives a Green Card.

Family Benefits for EB-3 Visa Holders

Once the I-140 petition is approved, family members may also apply for Green Cards:

Spouse: Eligible for an E-34 (spouse of a skilled worker or professional) or EW-4 (spouse of an unskilled worker) visa.
Children (under 21 & unmarried): Eligible for E-35 or EW-5 visas.

Processing Times & Fees

PERM Labor Certification: 12-24 months (or longer if audited).
I-140 Processing: 4-6 months (or 15 days with premium processing).
Adjustment of Status or Consular Processing: 6-12 months.
Filing Fees: Costs vary; refer to the USCIS Fee Schedule for updates.

Advantages of the EB-3 Visa

✅ Direct path to a Green Card.

✅ No extraordinary ability or employer sponsorship hurdles like EB-1 & EB-

✅ Allows family members to immigrate.

Challenges of the EB-3 Visa

❌ Long wait times for some countries (India, China, Philippines).

❌ Strict employer sponsorship requirements.

❌ Labor certification process can be lengthy.

Conclusion

The EB-3 visa is an excellent opportunity for skilled workers, professionals, and unskilled workers to secure permanent residency in the U.S. While the process involves labor certification and employer sponsorship, it provides a pathway to a Green Card and potential citizenship.

Stay updated on visa processing times and requirements by checking the Visa Bulletin and the USCIS website.

Frequently Asked Questions (FAQs) on EB-1, EB-2, and EB-3 Green Card Petitions

The employment-based green card process in the U.S. is divided into different preference categories: EB-1, EB-2, and EB-3. Each category has distinct eligibility requirements, processing times, and benefits. Below is a comprehensive list of frequently asked questions (FAQs) about these categories, covering both common and less frequently discussed issues.

General Questions

1. What are EB-1, EB-2, and EB-3 green cards?

EB-1: The first preference employment-based green card for individuals with extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers/executives (EB-1C).
EB-2: The second preference green card for individuals with advanced degrees or exceptional ability in sciences, arts, or business. It includes a National Interest Waiver (NIW) option.
EB-3: The third preference green card for skilled workers, professionals with bachelor’s degrees, and other workers performing unskilled labor.

2. Which category has the shortest processing time?

EB-1 generally has the shortest processing time since it does not require PERM labor certification.
EB-2 and EB-3 require PERM, which can extend processing times significantly.

3. Which category is the most difficult to qualify for?

EB-1 is the most challenging, as it requires demonstrating extraordinary ability, outstanding research, or executive/managerial experience.
EB-2 NIW can be difficult due to the need to show substantial contributions to the U.S.
EB-3 is typically the easiest but has longer backlogs.

4. What are the major differences in PERM labor certification requirements?

EB-1: No PERM labor certification is required.
EB-2: Requires PERM unless applying for NIW.
EB-3: Requires PERM labor certification.

Eligibility and Qualification Differences

5. Can I self-petition for an EB green card?

EB-1A and EB-2 NIW: Yes, you can self-petition.
EB-1B, EB-1C, EB-2 (except NIW), and EB-3: No, an employer must sponsor the petition.

6. What is considered “extraordinary ability” for EB-1A?

Individuals must demonstrate sustained national or international acclaim in their field with extensive documentation (e.g., awards, publications, media coverage).

7. What is an advanced degree for EB-2?

A master’s degree or higher, or a bachelor’s degree plus five years of progressive work experience in the field.

8. Can someone with a bachelor’s degree qualify for EB-2?

Yes, if they have a bachelor’s degree plus five years of progressive experience in the field.

9. What types of positions qualify for EB-3?

Professionals: Jobs requiring a bachelor’s degree.
Skilled workers: Jobs requiring at least two years of experience/training.
Other workers (Unskilled): Jobs requiring less than two years of training or experience.

10. What are the salary and job offer requirements for each category?

EB-1: No prevailing wage requirement since no PERM is needed.
EB-2 & EB-3: The job offer must meet the Department of Labor’s prevailing wage requirement.

Processing Time and Priority Date Issues

11. Why do EB-2 and EB-3 have long backlogs?

These categories depend on the annual visa quota and the country of birth of the applicant. High-demand countries (India, China, etc.) often have significant delays.

12. Can I downgrade from EB-2 to EB-3?

Yes, if EB-3 has a more favorable visa bulletin cutoff, you can file a new I-140 in EB-3 while retaining your original priority date.

13. Can I upgrade from EB-3 to EB-2?

Yes, but it requires a new PERM labor certification and I-140 petition.

14. What happens if my priority date retrogresses?

If your priority date retrogresses after filing Adjustment of Status (I-485), you must wait until it becomes current again before the green card is issued.

15. Can I transfer my priority date if I change employers?

Priority dates can typically be transferred if the I-140 has been approved and the new employer files a new I-140.

Employer Sponsorship & Job Portability

16. Can I change employers during the EB process?

Before I-140 approval: No, you will have to restart the process.
After I-140 approval but before I-485 filing: You may need a new employer to sponsor a new petition.
After I-485 has been pending for 180 days: You can change jobs under AC21 portability rules if the new job is in a “same or similar” occupation.

17. Can my employer revoke my I-140?

Yes, before 180 days of I-140 approval, but if your I-140 has been approved for over 180 days, USCIS allows you to retain your priority date.

18. Can I be self-employed and apply for EB-2 or EB-3?

Not typically, as these require an employer sponsor unless applying under EB-2 NIW.

Work Authorization & Travel

19. Can I travel while my EB green card application is pending?

If on a nonimmigrant visa (H-1B, L-1), travel is allowed.
If on an EAD/AP combo card, Advance Parole is required.

20. Do I need an H-1B or L-1 visa to apply for an EB green card?

No, but having a work visa like H-1B or L-1 makes the process easier since you can stay in the U.S. during processing.

21. Can my spouse work while my green card is pending?

EB-1, EB-2, EB-3: Once the I-485 is filed, spouses can apply for an Employment Authorization Document (EAD).

Special Cases and Uncommon Issues

22. What if my job title does not exactly match the job requirement for my EB category?

USCIS evaluates job duties rather than job titles. The job description must align with the minimum qualifications required for the category.

23. What happens if my employer goes out of business during my EB process?

If your employer closes before I-140 approval, your case is void.
If the company closes after 180 days of I-140 approval and I-485 is pending, AC21 portability may allow you to switch to a new employer in a similar role.

24. Does my EB-1, EB-2, or EB-3 green card get affected by layoffs?

If laid off before I-485 is filed, your case is invalid unless another employer sponsors you.
If I-485 has been pending for 180+ days, AC21 portability allows switching jobs.

25. Can I apply for multiple EB categories at the same time?

Yes, an applicant can have multiple I-140 petitions in different categories and choose the best one based on priority dates and processing times.

Conclusion: Choosing the Right EB Green Card Pathway

Navigating the complexities of the EB-1, EB-2, and EB-3 green card categories can be challenging, especially when considering factors such as eligibility requirements, priority dates, processing times, and job portability. Each category has unique benefits and drawbacks, and selecting the right path depends on your qualifications, career goals, and country of birth.

Given the frequent changes in immigration policies and visa backlogs, it’s crucial to make well-informed decisions to maximize your chances of approval. Whether you are an employer looking to sponsor a highly skilled worker, an individual with extraordinary abilities, or a professional seeking permanent residency, an experienced immigration attorney can help you navigate this complex process.

Why Choose Herman Legal Group?

At Herman Legal Group, we have decades of experience assisting individuals and businesses with employment-based green card petitions. Our award-winning attorneys understand the intricacies of U.S. immigration laws and have successfully handled EB-1, EB-2, and EB-3 cases across a wide range of industries. Whether you need guidance on PERM labor certification, EB-2 National Interest Waivers, or EB-1 extraordinary ability petitions, we provide personalized legal strategies to meet your immigration goals.

Schedule a Consultation Today

Don’t leave your future to chance—consulting with an experienced immigration attorney can save you time, reduce risks, and increase the likelihood of success. Schedule a consultation with Herman Legal Group today to discuss your specific case and receive expert guidance tailored to your situation.

To book an appointment:

Call us at 216-696-6170
Visit our website
Email us at richard@Lawfirm4immigrants.com
Schedule an online consultation

Let us help you take the next step toward your U.S. immigration journey with confidence.

Additional Resources

For more information and official USCIS guidelines, visit: