Choosing between EB2 vs EB3 visa categories can be overwhelming when pursuing a U.S. Green Card. Both are employment-based immigration options, but the difference between the EB2 and EB3 varies in eligibility, petition process, and processing time. Making the right choice can significantly impact how soon you achieve permanent residency.
If you’re wondering whether your education, skills, or job offer are better suited for EB-2 or EB-3, this guide will explain it clearly and simply. Read on to discover the key differences, advantages, and insider tips on making the best decision for your future in the U.S.!
EB2 vs EB3 Visa: Understanding Your Green Card Options
The EB-2 and EB-3 visas are two popular employment-based Green Card categories that allow skilled professionals to live and work permanently in the U.S. The EB2 visa is an employment-based, second-preference category for professionals with advanced degrees or individuals with exceptional ability in their field. It allows qualified foreign nationals to obtain U.S. permanent residency based on their education, skills, and contributions. In contrast, the EB3 visa is a third-preference employment-based category for skilled workers, professionals, and unskilled workers. Both visas grant lawful permanent resident (Green Card) status, offering numerous benefits like:
- The right to live and work in the U.S.
- Easier travel in and out of the country.
- A pathway to U.S. citizenship.
- Access to education and career opportunities in the U.S.
Additionally, both visas allow spouses and unmarried children under 21 to apply for a Green Card once the applicant’s I-140 petition is approved.
While both EB-2 and EB-3 visa categories offer great opportunities, it’s crucial to understand their key differences to determine which visa best fits your qualifications and career goals. Keep reading to find out which one is right for you!
EB2 vs EB3 Visa: Eligibility Criteria
EB-2 Eligibility Criteria
Applying for an EB-2 National Interest Waiver (NIW) visa requires meeting specific legal criteria. To qualify, applicants must fall under one of two categories:
- Advanced Degree: Must hold a Master’s degree or higher or a Bachelor’s degree plus at least five years of progressive experience in their field.
- Exceptional Ability: Must demonstrate expertise in sciences, arts, or business that is significantly above the norm. This requires fulfilling at least three criteria, such as academic records, 10+ years of work experience, professional certifications, high salary evidence, professional memberships, or recognition for industry contributions.
Additionally, the National Interest Waiver (NIW) will allow you to bypass the job offer and labor certification if you meet the Matter of Dhanasar framework. This means if you can prove that your future endeavor has substantial merit and national importance, you are well-positioned to advance your field, and waiving the job offer requirement benefits the U.S., you can apply for an EB2 NIW visa without employer sponsorship.
EB-3 Eligibility Criteria
Under the EB-3 visa category, there are three eligible subcategories, professionals, skilled workers, and unskilled workers. Each subcategory has different eligibility criteria but shares the requirement of a full-time job offer from a U.S. employer and labor certification.
- Professionals must hold at least a U.S. bachelor’s degree or a foreign equivalent. Unlike other categories, work experience cannot substitute for a degree.
- Skilled Workers must have at least two years of job experience or training, as specified in the labor certification. Relevant post-secondary education may count as training in some cases. Applicants must provide academic records or employer letters as proof.
- Unskilled Workers (Other Workers) qualify if their job requires less than two years of training or experience. They must meet all labor certification requirements as specified by the employer.
EB2 vs EB3: Immigrant Petition Process
For the EB-2 visa, the employer must file Form I-140 (Immigrant Petition for Alien Workers) with USCIS on behalf of the employee. However, if the applicant qualifies for a National Interest Waiver (NIW), they can self-petition without needing employer sponsorship. The petition must include supporting documents and the required filing fee. The process for the EB-3 visa is different. Form I-140 must always be filed by a U.S. employer. Unlike EB-2, which has an NIW option, self-petitioning is not allowed for EB-3 applicants. The employer must provide proof that the employee meets the job requirements, along with filing fees and supporting documents. Another key difference between EB-2 and EB-3 visa processes is the job recruitment process, which can be slightly less strict for some EB-3 applications than EB-2.
However, both visas require filing Form I-140 (Immigrant Petition) and either an adjustment of status (I-485 petition for applicants in the U.S.) or an immigrant visa application (for those applying from abroad). This part of the process is almost identical for both EB-2 and EB-3 categories.
Here’s a clear and concise summary table to help you quickly understand the key differences and similarities between EB-2 and EB-3 visa processes.
Factor | EB-2 Visa | EB-3 Visa |
Who Files the I-140 Petition? | Employer or Self (if applying for NIW) | Employer only (Self-petitioning not allowed) |
Job Recruitment Process | Stricter recruitment process | Slightly easier recruitment process for some positions |
Labor Certification (PERM) | Required (unless applying for NIW) | Required for all applications |
Adjustment of Status or Immigrant Visa Application | Required | Required |
EB2 vs EB3: Processing Time
Processing times for EB-2 and EB-3 visas vary based on visa backlogs and country of origin. EB2 visas are generally faster due to higher priority and fewer backlogs, typically taking around 18 months but sometimes several years for applicants from high-demand countries. In contrast, EB3 visas usually take longer, ranging from 1 to 3 years or more, depending on visa availability and country-specific wait times.
Basic Filing Fees
The EB2 and EB3 visa processing costs include several mandatory fees. The Form I-140 (Immigrant Petition for Alien Worker) requires a $715 filing fee, which the employer pays. If adjusting status within the U.S., applicants must file Form I-485, which costs $1,440. For those applying from outside the U.S., the Form I-140 fee remains the same, and additional consular processing fees apply. Other expenses, such as biometrics fees, medical exams, document translations, and legal assistance, may also be required depending on individual circumstances. It’s essential to check USCIS filing fee updates for the latest fee structures.
Benefits of Each Visa Category
Unique Benefits of EB2 Visa:
- Faster processing & higher priority.
- Self-petitioning (NIW) option allows applicants to bypass employer sponsorship.
- Higher salary & better job prospects due to advanced degree requirements.
- Less competition & fewer backlogs, improving approval chances.jj
Unique Benefits of EB3 Visa:
- Easier to qualify with lower education and experience requirements.
- More job opportunities since more employers sponsor EB3 applicants.
- Less strict job recruitment process in some cases.
- Open to unskilled workers, unlike EB2, which requires higher qualifications.
Which Visa is Right for You?
Choosing between EB2 and EB3 depends on your qualifications, work experience, and career goals. If you have an advanced degree (Master’s or higher) or a Bachelor’s degree with at least five years of progressive experience, the EB2 visa is a better option, as it offers faster processing times and higher priority. It’s ideal for professionals in specialized fields, researchers, and individuals with exceptional ability in science, arts, or business.
On the other hand, if you are a skilled worker (with at least two years of experience), a professional with a Bachelor’s degree, or even an unskilled worker, the EB3 visa provides an excellent opportunity to secure a U.S. Green Card. Though EB-3 often has longer wait times due to higher demand, it offers comparatively fewer eligibility restrictions and more flexibility.
Still confused about which visa best suits you? Seek expert guidance from our experienced immigration team to navigate the process smoothly and maximize your chances of approval! We are here to help you understand the difference between EB2 and EB3 visa processing steps, the cost structure, and other necessary details to help you determine the best pathway to achieve your American dream!
Frequently Asked Questions
- What is PERM Labor Certification?
PERM (Program Electronic Review Management) Labor Certification is a process required for most employment-based Green Cards (EB2 and EB3). It ensures that hiring a foreign worker will not negatively impact U.S. workers by proving that no qualified U.S. workers are available for the job. - How do I get a PERM labor certification?
To obtain a PERM labor certification, the employer must file ETA Form 9089 with the Department of Labor (DOL). - Is there any difference between an EB-2 PERM and an EB-3 PERM?While the PERM (Labor Certification) process is similar for both EB2 and EB3, they differ in eligibility requirements. EB2 PERM requires a higher level of education or experience, typically a Master’s degree (or a Bachelor’s + 5 years of progressive experience). EB3 PERM has more flexible criteria. It allows skilled workers (2+ years of experience), professionals (Bachelor’s degree), and unskilled workers to qualify.
- Can I file EB-2 NIW and EB-3 PERM simultaneously?
Yes! You can file both EB2 NIW and EB3 PERM at the same time. Filing multiple petitions can increase your chances of approval and provide more flexibility in case one category has a shorter wait time or better approval prospects. However, you must meet the eligibility requirements for each visa and ensure that your applications are properly documented.
