In the intricate landscape of immigration to the United States, the EB-2 and EB-3 visa categories stand as prominent pathways to obtaining permanent residency. The choice between these two categories, however, is far from arbitrary. Delving into the EB2 vs EB3 visa comparison unveils a world of nuanced differences that can significantly impact your immigration journey.

Navigating the Distinctions Between EB2 and EB3 Visas

When considering EB-2 vs EB-3 visas, you’re diving into the realm of highly sought-after visa categories. If the aim is securing permanent residency in the United States, these two visa types serve as pathways. Yet, discerning their distinctions is crucial before making your choice. The primary disparity between the EB-2 and EB-3 employment-based visas lies in their processing timelines. The initial application journey for both categories commences with the Labor Certification stage, wherein the Labor Certification application is submitted to the Department of Labor. 

A Comprehensive Look at Distinctions Between EB2 and EB3

When aiming for a green card through a PERM labor certification, you confront the choice of EB-2 and EB-3. Each classification exhibits variations in preference categories and processing durations. A pivotal divergence among EB-2 and EB-3 visas emerges from the EB-2 category’s prerequisite for candidates to hold advanced degrees for roles in science and business. Conversely, the EB-3 category embraces positions for unskilled workers, skilled workers, and professionals. The prominence of EB-2 and EB-3 green cards can be attributed to the substantial volume of yearly applications processed under these categories. While numerous avenues exist for foreign nationals pursuing U.S. permanent residency, EB-2 and EB-3 remain highly favored choices. In the EB-2 realm, candidates must possess advanced degrees, typically a master’s or doctorate. However, candidates lacking advanced degrees can still apply based on a bachelor’s degree coupled with five years of professional experience. Contrastingly, the EB-3 category exhibits more leniency by not mandating advanced degrees. Instead, candidates must hold a bachelor’s degree coupled with relevant five years of field experience. This employment-based classification also encompasses three distinct subcategories.

The three EB-3 subcategories encompass:

Skilled Workers

These candidates occupy roles that aren’t of a temporary or seasonal nature, necessitating a minimum of two years of work experience or training.

Professionals

This subcategory pertains to candidates in job positions requiring a U.S. baccalaureate or its foreign equivalent degree, with candidates being members of relevant professional groups.

Other Workers

Candidates under this subcategory engage in unskilled labor, having less than two years of experience or training. These roles aren’t temporary or seasonal. 

A Comprehensive Elaboration on EB-2 Visa

The EB-2 visa splits into three distinct subcategories for foreign nationals:

• Advanced Degrees
• Exceptional Ability
• National Interest Waiver

In the “Advanced Degrees” subcategory, foreign workers necessitate a U.S. master’s or doctoral degree, or its foreign equivalent. Employers must substantiate that the offered position demands an advanced degree. However, this subcategory can still be accessed without advanced degrees, if the foreign national holds five years of progressive work experience and a bachelor’s degree. The “Exceptional Ability” subcategory encompasses individuals demonstrating exceptional prowess in sciences, arts, or business. To attain this second preference visa, the sponsoring employer must procure a labor certification from the Department of Labor. Qualification involves meeting three out of the following criteria:

• Presenting official academic records showcasing exceptional ability.
• Documenting a decade of full-time work experience.
• Possessing an occupation certificate or a professional license.
• Being a member of a professional association.
• Proving a salary that reflects exceptional ability.
• Garnering recognition from peers or professional organizations.

The “National Interest Waiver” subcategory stands out as the only one where neither labor certification nor a job offer is required. Only those serving the best interests of the U.S. qualify for this waiver, and applicants can independently file their employment-based visa petitions.

How can Visa Franchise help you?

Visa Franchise serves as a guiding beacon for both professionals and entrepreneurs seeking viable pathways to secure legal residency in the U.S. Our expertise extends beyond the EB-2 NIW Visa, encompassing the EB-3 category as well. By offering a range of options that cater to diverse needs, we empower individuals to realize their American dreams. Professionals and entrepreneurs can benefit from Visa Franchise’s expertise in navigating various visa avenues. Whether you’re considering temporary statuses such as the E-2/L-1 Visa, achievable in a swift 15 days, or permanent green cards like the EB-1C/EB-2 NIW, attainable within a year, we are equipped to guide you through each step of the process.

EB2 vs EB3 Visa: Comparative Aspects

Several parallels exist between EB-2 and EB-3 visas, as outlined below:

U.S. Sponsoring Employer

Both EB-2 and EB-3 visa applications necessitate a job offer from a U.S. sponsoring employer. However, a notable exception surfaces in the EB-2 visa’s “National Interest Waiver” subcategory.

PERM Labor Certification

In both visa classifications, the employer must secure a labor certification endorsement from the Department of Labor. This certification affirms the inability to locate qualified U.S. workers. However, an exception applies to the EB-2 subcategory, where labor certification isn’t mandatory.

EB2 vs EB3 Visa: Distinctive Contrasts

The fundamental distinctions between EB-2 and EB-3 visas are highlighted as follows:

Application Process

Both EB-2 and EB-3 visas necessitate navigating the PERM labor certification process. Post approval of the labor certification by the U.S. Department of Labor, Form I-140 must be submitted. Subsequently, candidates aspiring for EB-2 or EB-3 visa status proceed to apply for an immigrant visa or status adjustment. Notably, the EB-2 visa’s “National Interest Waiver” subcategory exempts foreign nationals from labor certification. In contrast, all EB-3 visa applicants must undergo the labor certification procedure. Despite variations, both EB-2 and EB-3 visa applicants need to file Form I-140 (immigrant petition).

Processing Time

A salient discrepancy between EB-2 and EB-3 visas lies in their processing durations. The EB-2 visa features more stringent criteria compared to EB-3, resulting in a notably lower visa backlog for EB-2 availability. However, the EB-3 visa, with less stringent prerequisites, still experiences a backlog. The lion’s share of employment-based visas is allocated to EB-2 and EB-3 categories. A visa backlog materializes when visa demand exceeds supply due to annual limitations on immigrant visas.

In-Depth Analysis of EB2 vs EB3 Visa Processing Times

The PERM labor certification processing time hovers around 6 to 18 months for both EB-2 and EB-3 visas. Similarly, processing Form I-140 takes roughly 6 to 9 months across both categories. Expedited processing within 15 days can be obtained by paying a premium processing fee. A priority date is assigned upon filing Form I-140. The visa interview and adjustment of status applications depend on the priority date’s current status on the visa bulletin.

Conclusion

The EB2 vs EB3 visa comparison encapsulates a critical crossroads for individuals aspiring to attain permanent residency in the United States. The journey towards securing a green card is multifaceted and involves a nuanced understanding of the distinctions between these two highly sought-after visa categories. In the pursuit of a U.S. green card through the PERM labor certification process, the choice between EB-2 and EB-3 holds substantial weight. Both pathways offer unique sets of preferences, each tailored to specific educational backgrounds and professional experiences. The EB-2 visa highlights the significance of advanced degrees in science and business, while the EB-3 category accommodates a broader range of skilled and unskilled workers, as well as professionals with diverse qualifications. It’s evident that EB-2 and EB-3 green cards play a pivotal role in the landscape of U.S. immigration, drawing in a considerable number of applicants each year. These employment-based classifications present options that cater to various levels of expertise and qualifications, reflecting the diverse range of talents sought by the United States.