The EB-2 and EB-3 employment-based green card categories offer a clear pathway to U.S. permanent residency for skilled foreign workers seeking to live and work permanently in the United States. These two visa categories allow U.S. employers to sponsor foreign nationals for green cards, helping them fill specialized roles that require advanced education or experience. This article will explore the key differences between the EB-2 and EB-3 categories, the application process, and the eligibility criteria for each.
What are the EB-2 and EB-3 Green Cards?
EB-2 and EB-3 are two types of employment-based immigrant visas (green cards) that allow foreign workers to become lawful permanent residents of the United States. They are designed for workers with varying education, experience, and skill levels.
- EB-2 Visa: This is for foreign workers with advanced degrees or exceptional ability in their field.
- EB-3 Visa: For skilled, professional, and unskilled workers (“other workers”).
Both visa categories require an employer sponsor and involve a multi-step process, including labor certification, filing a petition with U.S. Citizenship and Immigration Services (USCIS), and adjusting status or consular processing to obtain a green card.
Who Qualifies for EB-2 and EB-3?
EB-2 Eligibility
The EB-2 category is for workers who meet one of the following two main criteria:
- Advanced Degree: The applicant must hold a degree beyond a bachelor’s (e.g., a master’s or doctorate) or a bachelor’s degree plus at least five years of progressive work experience in the field.
- Exceptional Ability: Individuals who demonstrate “exceptional ability” in fields such as science, business, or the arts may also qualify for EB-2. Exceptional ability means the applicant has a level of expertise significantly above that ordinarily encountered in their profession.
EB-3 Eligibility
The EB-3 category is divided into three subcategories:
- Skilled Workers: Applicants must have at least two years of job experience or training for a position that is not temporary or seasonal in nature.
- Professionals: Applicants must hold at least a bachelor’s degree (or foreign equivalent) and demonstrate that their role typically requires such a degree.
- Unskilled Workers (Other Workers): This category is for individuals performing unskilled labor (requiring less than two years of experience or training) for jobs that are not temporary or seasonal.
The PERM Labor Certification Process
For both EB-2 and EB-3 visa categories, U.S. employers must first obtain PERM labor certification from the U.S. Department of Labor (DOL). This certification verifies that:
- No qualified U.S. workers are available to fill the position being offered to the foreign worker.
- The foreign worker’s employment will not negatively affect wages or working conditions for U.S. workers.
Filing the Form I-140 Petition
Once the PERM labor certification is approved, the employer can file Form I-140, Immigrant Petition for Alien Worker, with USCIS. This petition establishes that the foreign worker qualifies for the EB-2 or EB-3 visa category.
What is Needed for Form I-140:
- Approved PERM certification (unless the position is exempt).
- Proof of the worker’s qualifications (e.g., degrees, work experience).
- Evidence that the employer can pay the offered wage (such as financial statements or tax returns).
Adjustment of Status or Consular Processing
After Form I-140 is approved, the final step is for the foreign worker to obtain their green card, either through adjustment of status (if they are already in the U.S.) or consular processing (if they are outside the U.S.).
- Adjustment of Status: Foreign workers already in the U.S. on a nonimmigrant visa (such as H-1B) can file Form I-485, Application to Register Permanent Residence, or Adjust Status. This process allows them to transition from a temporary visa holder to a permanent resident without leaving the U.S.
- Consular Processing: For workers outside the U.S., the approved Form I-140 petition is forwarded to the National Visa Center (NVC), which will schedule an interview at a U.S. consulate in the applicant’s home country. After the interview, the green card is granted.
Premium Processing for Faster Results
Premium processing is available for a fee for employers who need to expedite the I-140 petition process. Premium processing guarantees that USCIS will process the petition within 15 calendar days. However, this only applies to the Form I-140 stage and does not speed up other aspects of the green card process, such as labor certification or adjustment of status.
Conclusion:
The EB-2 and EB-3 green card categories offer clear paths to U.S. permanent residency for highly skilled and professional workers and workers with fewer qualifications. While both categories require employer sponsorship and involve multiple steps, the EB-2 category is often faster due to shorter wait times for priority dates. By following the proper procedures for PERM certification and the I-140 petition, foreign workers and their U.S. employers can navigate this complex but rewarding process.
If you need help navigating the EB-2 or EB-3 green card process or want to learn more about which option is right for you or your employee, contact our immigration specialists at the Law Office of Dharmik Barot. We are here to guide you through each step of the application process.