Employment Based, 2nd and 3rd Preference (EB2 and EB3)

EB-2 and EB-3 categories are often lumped together because they involve similar processes as both require a “PERM labor certification.”  Additionally, both require that you have a permanent, full-time job offer.  

The main difference between the two categories is that for the EB-3 category, the standard for qualification is lower than it is for the EB-2 category.  For EB-3, however, the PERM labor certification requirement cannot be waived, whereas with the EB-2 it can be waived with a National Interest Waiver. 

EB-2 

Foreign nationals holding an advanced degree or its equivalent 

Foreign nationals applying under EB-2 with an advanced degree must be applying for a US job which requires an advanced degree or its equivalent (a bachelor’s degree plus five years of progressive work experience in the field).  The Foreign National must show they meet the requirements of the position by providing official academic record or letters from employers showing that the applicant has at least five years of progressive post-baccalaureate work experience in the specialty.

Foreign nationals with exceptional ability

Foreign nationals applying under the EB-2 exceptional ability category must demonstrate “a degree of expertise significantly above that ordinarily encountered” in the sciences, arts, or business by showing that they meet three out of seven specified criteria.

EB-3

These Green Cards are available to “skilled workers,” “professionals,” and “other workers,” which all have very specific definitions under the immigration regulations.

Skilled workers

Skilled workers refers to those foreign nationals whose job requires a minimum of two years training or work experience, not of a temporary or seasonal nature. They must be performing work for which qualified workers are not available in the US.

Professionals

This category is appropriate when a position requires a US baccalaureate degree or a foreign equivalent.  The foreign national must have the required degree and the degree must be a normal requirement for entry into the occupation. Education plus experience may not be substituted for the degree requirement.

Other Workers

The other workers subcategory is for foreign nationals performing unskilled labor requiring less than two years training or experience.  The position must not be temporary or seasonal.