Everything You Need To Know About EB-2 vs EB-3 Visa

Introduction

Immigrating to the United States can be overwhelming, especially when navigating the many visa options available. For skilled workers and professionals, employment based green cards, such as the EB2 and EB3 visa categories, are among the most commonly pursued pathways.

The EB2 (Employment-Based Second Preference) and EB3 (Employment-Based Third Preference) visas are employment-based immigrant visas that allow foreign nationals to obtain lawful permanent residency (green card) in the U.S. Both require employer sponsorship in most cases, but they differ in eligibility criteria and processing times.

Key Benefits of Both Visas

• Live and work permanently in the U.S.

• Faster and easier travel in and out of the U.S.

• Sponsor family members for green cards

• Path to U.S. Citizenship

• Access to U.S. education at resident tuition rates

This guide will break down the essential differences between EB2 and EB3 visas, helping you determine which best aligns with your qualifications and career goals.

Key Takeaways

• EB2 visas cater to professionals with advanced degrees or exceptional abilities, while EB3 visas are for skilled workers, professionals, and unskilled workers.

• National Interest Waivers (NIW) within the EB2 category can allow applicants to bypass job offer and labor certification requirements if their work significantly benefits the U.S.

• Both EB2 and EB3 require a job offer and labor certification, but EB2 applicants may benefit from faster green card processing.

• Priority dates and the Visa Bulletin determine when applicants can proceed with permanent residency steps.

• Immediate family members of EB2 and EB3 visa holders can obtain derivative status, allowing them to work or study in the U.S.

• Approved employment based visas for EB-2 and EB-3 categories have varying approval rates and preference levels, with EB-2 generally having higher preference due to stricter eligibility criteria.

Understanding EB2 and EB3 Visas

The Employment-Based Second Preference (EB2) and Employment-Based Third Preference (EB3) visa categories serve distinct groups of skilled workers and professionals.

Key Differences at a Glance

Visa Category	Definition	Requirements
EB2	For professionals with advanced degrees or exceptional ability	Advanced degree (Master’s, PhD) or exceptional talent; Job offer and labor certification (unless waived via NIW)
EB3	For skilled workers, professionals, and unskilled workers	Minimum 2 years of experience (skilled workers), a bachelor’s degree (professionals), or no educational requirement (other workers); Job offer and labor certification required

Who Qualifies for EB2?

To qualify for an EB2 visa, applicants must meet one of the following conditions:

• Hold an advanced degree (Master’s, PhD, or equivalent) OR a bachelor’s degree plus five years of progressive work experience.

• Demonstrate exceptional ability in their field (arts, sciences, business) with significant proof such as high salary, awards, or professional acclaim.

• Qualify for a National Interest Waiver (NIW) by proving their work substantially benefits the U.S., allowing them to skip the labor certification and job offer requirement.

Who Qualifies for EB3?

The EB3 visa category is broader, covering:

• Skilled Workers: Must have at least two years of work experience or training that should not be of a temporary or seasonal nature.

• Professionals: Must have a U.S. bachelor’s degree or foreign equivalent.

• Other Workers: Jobs that require less than two years of training or experience (often in industries like construction, hospitality, or caregiving).

National Interest Waiver (NIW) in EB2

For some professionals, the National Interest Waiver (NIW) provides a fast-track option by eliminating the labor certification and job offer requirement. To qualify, applicants must show their work greatly benefits the U.S. economy, healthcare, education, or national security.

Comparison: Standard EB2 vs. EB2 with NIW

Requirement	Standard EB2	EB2 with NIW
Job Offer Required?	Yes	No
Labor Certification Required?	Yes	No
Must Prove Impact on U.S.?	No	Yes

Similarities Between EB2 and EB3

• U.S. employer sponsorship is required (except for EB2 National Interest Waiver applicants). Both visa categories aim to help applicants become lawful permanent residents in the U.S.

• PERM Labor Certification is necessary (except for EB2 National Interest Waiver applicants).

Differences in Qualifications

EB2 Visa Qualifications

To qualify for an EB2 visa, you must meet one of the following criteria:

• Advanced degree: Master’s degree (or higher) or a foreign equivalent.

• Bachelor’s degree + 5 years of progressive work experience.

• Exceptional ability: Proven high expertise in sciences, arts, or business (requires evidence such as awards, significant work experience, or publications).

• National Interest Waiver (NIW): If your work benefits the U.S. significantly (e.g., doctors in underserved areas), you can self-petition without an employer.

EB3 Visa Qualifications

The EB3 visa is available to:

• Professionals: Those with a bachelor’s degree (or foreign equivalent).

• Skilled workers: Those with at least 2 years of work experience in a relevant field.

• Unskilled workers: Those with less than 2 years of experience (e.g., certain service or labor-intensive jobs).

Key Takeaways

• EB2 has stricter requirements, but it may be worth applying if you qualify due to shorter processing times.

• EB3 is more accessible but can have significantly longer wait times depending on your nationality.

Application Process

The steps for both visas are generally similar:

Step 1: Labor Certification (PERM Process)

• Your U.S. employer must complete the PERM Labor Certification process. The perm labor certification process is a necessary procedure for certain visa applications like EB2 and EB3, requiring the employer to test the job market for available U.S. workers.

• The employer must show that no qualified U.S. workers are available for the position.

• Processing time: 12–24 months.

Step 2: Form I-140 (Immigrant Petition)

• The employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS).

• Processing time: 4.5 to 14.5 months (can be expedited to 15 to 45 days via Premium Processing for an additional fee).

Step 3: Visa Bulletin & Priority Date

• After Form I-140 approval, your priority date is assigned.

• You must wait for your priority date to become current in the Visa Bulletin before proceeding.

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

• If you are already in the U.S., you file Form I-485 (Adjustment of Status).

• If outside the U.S., you go through Consular Processing at a U.S. embassy.

5. Processing Times & Visa Bulletin Considerations

Processing Time Differences

The EB2 visa typically has shorter wait times than EB3 due to its preference category.

Processing Step	EB2 Timeline	EB3 Timeline
PERM Labor Certification	12-24 months	12-24 months
I-140 Petition	7.5-14.5 months	4.5 to 10.5 months
Priority Date Wait	Varies (shorter for some countries)	Often much longer (especially for India & China)

Visa Backlogs & Country Limits

• Only 7% of total green cards can go to applicants from any single country per year.

• This leads to long wait times for India, China, and the Philippines.

• Check the Visa Bulletin (Click here) for current priority dates.

Example Wait Times (as of recent Visa Bulletins):

• India EB2: 10+ years

• India EB3: 15+ years

• Rest of the world: Typically much faster

Switching Between EB2 and EB3 Visas

EB3 to EB2 (Upgrading)

If your skills or education improve, you can upgrade from EB3 to EB2. This is beneficial because EB2 visas typically have shorter wait times.

Steps to Upgrade:

1. Obtain a job offer that qualifies for EB2.

2. File a new PERM Labor Certification.

3. Submit a new I-140 petition.

4. If your priority date is current, file for Adjustment of Status (Form I-485).

EB2 to EB3 (Downgrading)

Some applicants downgrade from EB2 to EB3 if the EB3 priority dates move faster.

Steps to Downgrade:

1. File a new I-140 petition under EB3 using the original PERM certification.

2. Keep your priority date from the previous EB2 application.

3. File for Adjustment of Status (Form I-485) if the EB3 priority date is current.

Related: Visa Bulletin for Current Priority Dates

 

 

EB-2 Visa

Understanding the EB-2 Visa

The EB-2 visa is a second-preference, employment-based immigrant visa for individuals who meet one of the following criteria:

• Advanced Degree Holders: Professionals with an advanced degree (Master’s or higher) or its foreign equivalent.

• Exceptional Ability Applicants: Individuals with exceptional ability in the sciences, arts, or business, demonstrating expertise significantly above the norm.

• National Interest Waiver (NIW) Candidates: Those whose work is of national importance to the United States, allowing them to bypass the job offer and labor certification requirements.

Key Benefits of the EB-2 Visa

• Faster processing compared to EB-3 visas.

• Allows family members (spouse and unmarried children under 21) to immigrate under E-21 and E-22 categories.

• National Interest Waiver (NIW) applicants can self-petition, eliminating the need for employer sponsorship.

Labor Certification Requirement

For most EB-2 applications, a U.S. employer must obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL). This certification ensures that no qualified U.S. workers are available for the position.

Exceptions to the Labor Certification Requirement

1. Schedule A Occupations:

   • DOL has pre-determined labor shortages for certain occupations, allowing applicants to bypass the labor certification requirement.

   • Currently includes:

     • Group I: Professional nurses and physical therapists.

     • Group II: Individuals with exceptional ability in the sciences or arts (including university teachers and performing artists).

2. National Interest Waiver (NIW):

   • Waives the labor certification requirement if the applicant’s work benefits the U.S. significantly.

   • Requires applicants to demonstrate substantial merit and national importance.

More on DOL’s Foreign Labor Certification

Eligibility Criteria for EB-2 Visa

To qualify for an EB-2 visa, applicants must meet the following criteria:

1. Advanced Degree Professionals

• Must hold a Master’s degree or higher (or a foreign equivalent).

• Alternatively, a Bachelor’s degree plus five years of progressive work experience in the specialty qualifies as an equivalent to a Master’s degree.

• The job must require an advanced degree as a minimum qualification.

Required Documentation:

• Academic records showing the degree obtained.

• Letters from employers verifying at least five years of progressive work experience.

• Job description proving the role requires an advanced degree.

2. Exceptional Ability Applicants

To qualify under exceptional ability, applicants must meet at least three of the following criteria:

• Official academic record showing a related degree, diploma, or certificate.

• At least 10 years of full-time experience in the field.

• Professional license or certification.

• Evidence of high salary or remuneration reflecting exceptional ability.

• Membership in professional associations.

• Recognition for achievements and significant contributions in the industry.

• Other comparable evidence.

3. National Interest Waiver (NIW) Candidates

NIW applicants must meet the following criteria:

• Substantial merit and national importance: The work must significantly benefit the U.S. in fields such as technology, medicine, education, or public welfare.

• Well-positioned to advance the endeavor: Applicants must demonstrate a strong track record and the ability to further their work.

• Balancing test: USCIS must determine that waiving the job offer requirement benefits the U.S. more than requiring labor certification.

More on USCIS Policy for EB-2

The EB-2 Visa Process

The EB-2 visa application process involves several steps:

Step 1: Labor Certification (If Required)

• The U.S. employer submits Form ETA-9089 through the Foreign Labor Application Gateway (FLAG) system.

• DOL reviews the application and either certifies or denies it.

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

• The employer (or self-petitioner for NIW) files Form I-140 with USCIS.

• Required supporting documents:

  • Approved labor certification (if applicable).

  • Educational credentials.

  • Evidence of exceptional ability or NIW eligibility.

  • Employer’s financial ability to pay the offered wage (if applicable).

• USCIS Form I-140 Guide

Step 3: Adjustment of Status or Consular Processing

Once the I-140 petition is approved:

• If inside the U.S., the applicant files Form I-485 (Adjustment of Status) to obtain a green card.

• If outside the U.S., the applicant applies for an immigrant visa through consular processing.

Guide to Form I-485

Processing Times & Costs

• Labor Certification (PERM): 6-12 months.

• Form I-140 Processing: 6-9 months (premium processing available for faster results).

• Adjustment of Status (I-485): 8-14 months, depending on country of chargeability.

Estimated Costs

Expense	Amount
Labor Certification (if required)	Employer-specific
Form I-140 Filing Fee	$715
Premium Processing (Optional)	$2805
Form I-485 Filing Fee	$1,440
Medical Exam	Varies

Family Benefits for EB-2 Holders

• Spouses can apply for E-21 status and may apply for a work permit.

• Children under 21 can apply for E-22 status and pursue education in the U.S.

Key Filing Tips for NIW Applicants

• Provide a detailed description of your proposed work.

• Submit letters of recommendation from industry experts.

• Highlight national-level recognition of your work.

• Show evidence of funding, grants, or industry impact.

The EB-2 visa offers a fast-track option for professionals with advanced degrees or exceptional ability to obtain a green card. Those seeking a National Interest Waiver (NIW) can bypass employer sponsorship, making it an attractive choice for self-motivated professionals contributing significantly to the U.S. economy and innovation.

EB-3 Visa

The EB-3 visa category is a popular employment-based immigration option for skilled workers, professionals, and other (unskilled) workers seeking permanent residency in the United States. This guide provides a clear, comprehensive overview of eligibility criteria, the petition process, and other essential details for those considering the EB-3 visa pathway.

Understanding the EB-3 Visa

The EB-3 visa is divided into three subcategories:

1. Skilled Workers

• Require at least two years of job experience or training for a skilled worker.

• Work must be permanent and non-seasonal.

• Must meet all job-specific education, training, or experience requirements.

• Relevant post-secondary education may count toward the required training.

2. Professionals

• Must hold at least a U.S. bachelor’s degree or foreign equivalent.

• The job must require a minimum of a bachelor’s degree as an entry requirement.

• Education and experience cannot be substituted for the bachelor’s degree requirement.

• Must meet all specified education, training, and experience requirements for the position.

3. Other Workers (Unskilled Workers)

• Jobs require less than two years of training or experience.

• Work must be permanent and non-seasonal.

• Must meet job-specific education, training, or experience requirements.

Labor Certification Requirement

Before applying for the EB-3 visa, most employers must obtain a labor certification from the U.S. Department of Labor (DOL). This certification ensures that hiring a foreign worker will not negatively impact U.S. workers.

Key Labor Certification Details

• Labor certification is submitted via Form ETA-9089.

• Applications filed after June 1, 2023, must use DOL’s Foreign Labor Application Gateway (FLAG) system.

• Certain occupations fall under Schedule A, meaning labor certification is pre-approved due to a shortage of U.S. workers.

Schedule A Occupations

Occupations that do not require a traditional labor certification include:

• Group I: Professional nurses and physical therapists.

• Group II: Workers with exceptional ability in sciences, arts, or performing arts.

To qualify for Schedule A, the petition must include:

• Uncertified Form ETA-9089 with all applicable appendices.

• Signed Final Determination.

• Valid prevailing wage determination.

For more details, refer to the DOL’s Foreign Labor Certification website.

Eligibility Criteria Overview

Sub-Category	Required Evidence	Job Offer & Labor Certification
Skilled Workers	– Job requires at least two years of training or experience.

• Must provide official records and employer letters.

• Post-secondary education may count as training. | Permanent job offer and labor certification required. | | Professionals | – Job requires a U.S. bachelor’s degree or foreign equivalent.

• Must provide official academic records and employer verification.

• No substitutions for a bachelor’s degree. | Permanent job offer and labor certification required. | | Unskilled Workers | – Job requires less than two years of experience or training.

• Must meet all job-specific requirements. | Permanent job offer and labor certification required. |

EB-3 Visa Application Process

Step 1: Employer Files Form ETA-9089 (Labor Certification)

• Employer submits Form ETA-9089 to the DOL.

• After approval, the employer proceeds with Form I-140.

Step 2: Employer Files Form I-140 (Immigrant Petition for Alien Worker)

• Filed with U.S. Citizenship and Immigration Services (USCIS).

• Supporting documents must include:

  • Approved labor certification.

  • Proof of worker’s qualifications and experience.

  • Employer’s financial ability to pay wages.

• Check Form I-140 instructions here.

Step 3: Visa Availability and Adjustment of Status/Consular Processing

• If already in the U.S., file Form I-485 (Adjustment of Status) when a visa is available.

• If outside the U.S., attend an interview at a U.S. consulate after receiving approval.

Processing Times & Visa Bulletin

• EB-3 visas are subject to annual caps, and processing times vary.

• Check the latest Visa Bulletin for priority dates at U.S. Department of State.

Family Members’ Eligibility

If your I-140 petition is approved, your spouse and unmarried children (under 21) may also apply for permanent residency.

• Spouse: Can apply for a green card and work authorization (EAD).

• Children: May also qualify for a green card under the primary applicant.

The EB-3 visa provides an opportunity for skilled workers, professionals, and unskilled workers to obtain U.S. permanent residency. However, it involves multiple steps, including labor certification, employer sponsorship, and waiting for visa availability. Understanding the eligibility criteria and processing steps can help you navigate the journey toward permanent residence in the U.S. successfully.

 

FAQs on the Differences and Similarities Between EB-2 and EB-3 Green Card Categories

General Questions

1. What is the difference between EB-2 and EB-3?

• The EB-2 (Employment-Based Second Preference) category is for professionals with advanced degrees or individuals with exceptional ability.

• The EB-3 (Employment-Based Third Preference) category is for skilled workers, professionals with bachelor’s degrees, and other workers performing unskilled labor.

2. What are the primary eligibility requirements for EB-2 and EB-3?

• EB-2 requires:

  • An advanced degree (master’s or higher) or a bachelor’s degree plus five years of progressive experience in the field.

  • Alternatively, a person may qualify under the “exceptional ability” category by demonstrating expertise in the sciences, arts, or business.

• EB-3 requires:

  • For skilled workers: At least two years of training or experience.

  • For professionals: A U.S. bachelor’s degree (or foreign equivalent) and a job that requires such a degree.

  • For other workers: Unskilled labor requiring less than two years of training or experience.

3. Which category has a faster processing time, EB-2 or EB-3?

• Generally, EB-2 has faster processing because it has a higher priority than EB-3. However, processing times depend on visa availability per country.

• Due to per-country visa limits, some countries (like India and China) may experience longer wait times for EB-2 than EB-3, depending on visa bulletin updates.

Priority Dates and Visa Bulletin

4. Why do priority dates matter for EB-2 and EB-3?

• Priority dates determine when a visa number becomes available based on your country of birth and preference category.

• The U.S. Department of State releases the Visa Bulletin monthly, indicating when applicants can proceed with their green card applications.

5. Can EB-2 have a longer backlog than EB-3?

• Yes, in certain cases. For example, if there are many more EB-2 applicants from a specific country (e.g., India or China), the backlog may be worse than for EB-3.

6. Can I “downgrade” from EB-2 to EB-3?

• Yes, if the EB-3 category has a more favorable priority date, you may file an EB-3 I-140 petition using the same labor certification from EB-2.

• This strategy is common when EB-3 priority dates move faster than EB-2 for a specific country.

7. Can I “upgrade” from EB-3 to EB-2?

• Yes, but you must prove eligibility for EB-2 (such as gaining a master’s degree or five years of progressive work experience after a bachelor’s).

• Your employer must file a new PERM labor certification and a new I-140 petition.

Labor Certification (PERM) Differences

8. Do both EB-2 and EB-3 require PERM labor certification?

• Yes, both categories require labor certification (PERM), unless the EB-2 case is filed under a National Interest Waiver (NIW).

9. Is it easier to get PERM labor certification for EB-2 or EB-3?

• EB-3 is often easier because the qualifications are lower, meaning the employer has a larger pool of qualified U.S. workers.

• EB-2 is more difficult because the employer must prove that no U.S. workers with an advanced degree or exceptional ability are available.

10. What happens if my PERM is denied for EB-2?

• You may be able to reapply under EB-3 if your qualifications meet the EB-3 requirements.

• You may also refile under EB-2 with a stronger case, depending on the reason for denial.

National Interest Waiver (NIW) and PERM Exemption

11. What is the National Interest Waiver (NIW) for EB-2?

• The NIW allows EB-2 applicants to bypass the PERM process if they can prove their work is in the national interest of the U.S.

• NIW cases must show:

  1. Substantial merit and national importance of the work.

  2. That the applicant is well-positioned to advance the work.

  3. That it is beneficial to waive the job offer requirement.

12. Can I get an NIW under EB-3?

• No. NIW is only available for EB-2 applicants.

Job and Employer Considerations

13. Can I apply for EB-2 or EB-3 without an employer?

• EB-2 NIW is the only category that does not require a job offer or employer sponsorship.

• EB-3 always requires employer sponsorship.

14. Can I change employers while my EB-2 or EB-3 is pending?

• If your I-140 is approved and your I-485 (Adjustment of Status) has been pending for 180 days, you may port your job under AC21 to a similar position with another employer.

Adjustment of Status (I-485) and Consular Processing

15. Can I file I-485 for EB-2 and EB-3 at the same time?

• No, but if you have approved I-140 petitions in both EB-2 and EB-3, you can choose which one to use based on visa availability.

16. If I downgrade to EB-3, can I still use my EB-2 priority date?

• Yes, your priority date carries over from EB-2 to EB-3 if your EB-2 I-140 was approved.

17. Can I switch back to EB-2 after downgrading to EB-3?

• Yes, but you must ensure that your EB-2 I-140 remains valid or refile a new EB-2 petition.

18. Can I file for consular processing instead of Adjustment of Status?

• Yes, if you are outside the U.S., you can go through consular processing at a U.S. embassy or consulate.

Work and Travel Considerations

19. Can I travel internationally while my EB-2 or EB-3 is pending?

• If you have filed I-485, you need an Advance Parole (AP) document to re-enter the U.S. unless you are on H-1B or L-1 status.

20. Can I work while waiting for my green card?

• If you have an Employment Authorization Document (EAD) from your pending I-485, you can work in any job.

• If you are on H-1B or L-1 status, you can continue working for your sponsoring employer.

Miscellaneous Questions

21. Does premium processing apply to EB-2 and EB-3?

• Yes, premium processing is available for I-140 petitions in both categories, allowing for a 15-day processing time for an additional fee.

22. Can my family apply for green cards with me?

• Yes, your spouse and unmarried children under 21 can apply for green cards as derivative beneficiaries under both EB-2 and EB-3.

23. Which category is better, EB-2 or EB-3?

• EB-2 is preferable if you qualify because it typically has faster processing and higher priority.

• However, EB-3 can be advantageous if its priority dates are more favorable for your country.

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This list covers both common and uncommon concerns related to EB-2 and EB-3 green card processes. Let me know if you need further clarifications! 🚀

 

 

Conclusion & Next Steps

Which Visa Should You Choose?

• If you qualify for an EB-2 visa, it is generally the better option due to faster processing times.

• If you don’t meet EB-2 requirements, the EB-3 visa may be your best alternative, though it typically involves longer wait times.

• Your country of birth plays a crucial role—visa backlogs for certain countries can significantly impact your processing time.

Next Steps

• Review the Visa Bulletin to check current wait times for your category.

• Consult with an experienced immigration attorney to evaluate your best options based on qualifications, processing times, and country-specific backlogs.

• Begin gathering necessary documentation early to prevent unnecessary delays.

Why Consult Herman Legal Group?

Navigating the complexities of EB-2 and EB-3 visas requires careful planning and legal expertise. The Herman Legal Group has decades of experience helping professionals and skilled workers secure their green cards efficiently. Our team understands the ever-changing immigration landscape and can provide personalized guidance to ensure you choose the best path to permanent residency.

📞 Need expert immigration assistance? Contact Herman Legal Group today for a consultation and take the next step toward your green card with confidence!

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Additional Resources

• USCIS EB-3 Policy Manual

• Title 8 CFR 204.5 – EB-3 Visa Regulations

• Business Immigration News & Updates

• Health Care Worker Certification

• You can check your priority date on the U.S. Visa Bulletin.