If you want to live and work permanently in the United States, you will likely come across the employment-based (EB) visa categories. Among these, the EB-2 (employment-based second preference) and EB-3 (employment-based third preference) categories are two of the most commonly pursued paths to lawful permanent residence (a “green card”). Both categories require employer sponsorship in most cases, involve a complex application process, and depend on labor market considerations through the PERM (Program Electronic Review Management) process. However, EB-2 and EB-3 differ in key respects-such as eligibility criteria, processing times, and related requirements-that can affect an applicant’s chances and timeline for obtaining a green card.
In this expert guide, we will compare EB-2 and EB-3, delve into their key eligibility requirements, explore the labor certification (PERM) process, outline timelines, and provide tips on how to decide which pathway is best for your situation. Along the way, we will refer to authoritative government sources, including the U.S. Citizenship and Immigration Services (USCIS) (https://www.uscis.gov/) and the U.S. Department of Labor (DOL) (https://www.dol.gov/), to ensure accuracy and timeliness. By the end of this article, you should have a clearer understanding of whether EB-2 or EB-3 is right for you or your prospective employee.
Overview of the employment-based visa system
The U.S. immigration system classifies employment-based green cards into five preference categories (EB-1 through EB-5). These categories help the United States regulate the flow of skilled workers, entrepreneurs, and investors into the country based on labor market and economic needs.
- EB-1: Priority workers with extraordinary ability, outstanding professors/researchers, and certain multinational managers/executives.
- EB-2: Skilled workers with advanced degrees or extraordinary ability.
- EB-3: Skilled workers, professionals, and certain other workers.
- EB-4: Special immigrant (religious workers, certain employees of international organizations, etc.).
- EB-5: Immigrant investors who invest significant capital in a U.S. business.
The EB-2 and EB-3 categories are often the most relevant to individuals with either a Bachelor’s degree (with or without additional experience) or advanced degrees, as well as to employers seeking to hire them. The distinction lies primarily in the applicant’s qualifications, the level of job requirements, and how these match the needs of the U.S. labor market.
References
- USCIS: Green Card Eligibility Categories (https://www.uscis.gov/green-card/green-card-processes-and-procedures/green-card-eligibility-categories)
- USCIS: Employment-Based Immigration – Second Preference (EB-2) (https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2)
- USCIS: Employment-Based Immigration – Third Preference (EB-3) (https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3)
EB-2 Category: Eligibility Criteria and Subcategories
The EB-2 visa category is designed for individuals who can add significant value to the U.S. economy by virtue of their advanced education or exceptional skills. The legal basis for EB-2 is found in Section 203(b)(2) of the Immigration and Nationality Act (INA). In general, the EB-2 preference has three primary subcategories:
- Advanced Degree Professionals
- Position requires advanced degree (master’s or higher) or equivalent.
- A bachelor’s degree plus at least five years of progressive work experience in the field can often be accepted in lieu of a master’s degree.
- The recipient must demonstrate that he or she has the required advanced degree or equivalent combination of education and experience.
- Exceptional ability in the sciences, arts, or business
- Demonstrates expertise that is significantly above and beyond that normally found in the field.
- Criteria include academic credentials, licenses, professional certifications, and/or letters from peers attesting to the applicant’s prominence.
- National Interest Waiver (NIW)
- Waives the job offer and PERM labor certification requirements if the work is in the national interest.
- Applicants must meet the standard for EB-2 classification and show that their endeavor has substantial merit and national importance, that they are well positioned to advance the proposed endeavor, and that on balance, waiving the labor certification would benefit the U.S.
- This pathway is attractive to researchers, scientists, entrepreneurs, and others who can demonstrate a broad benefit to the national interest.
Advantages of EB-2
- Typically processes faster than EB-3 due to higher preference.
- Higher eligibility requirements often mean fewer applicants compared to EB-3, which may result in shorter visa backlogs in certain categories or for certain countries (although this may vary based on global demand and country caps).
- The ability to self-petition under the National Interest Waiver subcategory (for qualified individuals) eliminates the need for employer sponsorship in some cases.
Disadvantages of EB-2
- Strict eligibility requirements, including an advanced degree or evidence of extraordinary ability, which may be difficult for some applicants to meet.
- A job offer and PERM certification are usually required (unless a national interest waiver is requested).
EB-3 Category: Eligibility Criteria and Subcategories
The EB-3 visa category is broader and targets three main subgroups of workers:
- Skilled workers
- Positions requiring at least two years of education or experience.
- Must have documented evidence of required experience.
- Professionals
- Positions requiring at least a U.S. bachelor’s degree or foreign equivalent.
- Education must be the normal requirement for the job.
- Unskilled (Other) Workers
- Jobs that require less than two years of education or experience.
- Examples include jobs in janitorial services, agriculture, or entry-level food service positions.
- This subcategory often experiences significant backlogs and is subject to longer wait times due to limited visa numbers and high demand.
Advantages of EB-3
- Broader eligibility criteria can accommodate a wider range of job opportunities and applicants, including those with only a bachelor’s degree or less than two years of experience.
- Employers often use EB-3 to sponsor larger numbers of skilled or professional workers who do not meet the higher EB-2 threshold.
Disadvantages of EB-3
- Processing and priority dates can be more backlogged, especially for high demand countries such as India and China.
- No national interest waiver subcategory, which means a job offer and PERM certification are generally required in all cases.
- Typically a lower preference category, which may result in longer wait times.
Labor Certification (PERM) and Employer Sponsorship Requirements
Most EB-2 and EB-3 petitions require an employer sponsor and an approved PERM labor certification from the U.S. Department of Labor (DOL). PERM is a process that requires the employer to
- Demonstrate that there are no willing, able, and qualified U.S. workers available to fill the position at the prevailing wage.
- Demonstrate that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
How PERM Works
- Prevailing Wage Determination (PWD)
- The employer applies to the DOL for a Prevailing Wage Determination (PWD), which sets the minimum wage or salary that the employer must offer to the prospective foreign worker.
- Recruitment
- The employer begins a recruitment process (e.g., placing job advertisements in newspapers, online, or through state workforce agencies) to test the U.S. labor market for qualified workers.
- Filing the PERM Application
- If no suitable U.S. candidates are found, the employer files an electronic application (ETA Form 9089) with the DOL.
- PERM Approval
- Once approved, the labor certification is valid for 180 days, during which time the employer must file the immigrant petition (Form I-140) with USCIS.
Notable exception:
- The EB-2 National Interest Waiver (NIW) does not require the PERM labor certification because the job offer requirement is waived in the national interest.
References
- U.S. Department of Labor: Permanent Labor Certification (PERM) (https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent)
- USCIS: Form I-140, Immigrant Petition for Alien Worker (https://www.uscis.gov/i-140)
Processing times and priority deadlines
1. Priority Date
When an employer (or the petitioner, in the case of an NIW) files the initial immigrant petition (Form I-140) with USCIS, the petitioner receives a “priority date.” In most cases, the priority date is the date the PERM petition was filed with DOL. This priority date effectively places the applicant in a queue for an immigrant visa number, which becomes current as soon as the State Department’s monthly Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) indicates availability for the relevant preference category and country of birth.
2. Variability by country
Due to annual visa caps per country, individuals born in certain countries (especially India and China) often experience backlogs. Over the past decade, EB-2 and EB-3 for Indian nationals have faced significant backlogs, sometimes resulting in multi-year (or even multi-decade) waits for visa availability.
3. Estimated Timelines
- EB-2: In many cases, EB-2 petitions are processed more quickly than EB-3, especially for individuals not from backlog-heavy countries. However, for high demand countries, EB-2 can still experience significant delays – although historically, EB-2 backlogs have tended to be less severe than EB-3 during certain periods.
- EB-3: Broader eligibility can mean a larger number of applicants. Combined with the country caps, this can lead to longer EB-3 backlogs. However, processing times can fluctuate based on changing demand. In some recent periods (e.g., mid-2021 to late 2022), EB-3 dates for certain countries have moved faster than EB-2, creating a scenario in which some petitioners have “downgraded” from EB-2 to EB-3 in order to obtain an earlier current priority date.
To stay current on priority dates, you should consult the Department of State’s Visa Bulletin, which is published monthly:
- U.S. Department of State: Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html)
EB-2 and EB-3 Comparison: Key Differences
The following is a brief comparison of some of the key differences between EB-2 and EB-3.
| Factor | EB-2 | EB-3 |
| Eligibility Requirements | Advanced degree or extraordinary ability (with PERM) | Skilled workers (≥2 years experience), professionals (bachelor’s degree), and unskilled workers |
| Common positions | Highly specialized roles: engineers, doctors, researchers, managers | Wide range: healthcare workers, IT professionals, tradespeople, etc. |
| National Interest Waiver | Available (job offer & PERM waived) | Not available |
| PERM Requirement | Usually required unless NIW applies | Always required |
| Processing times | Generally faster for many applicants; may vary by country | Often slower, especially for oversubscribed countries |
| Visa backlogs | Shorter wait times for some countries, but can be long for India/China | Can be extensive, especially for high demand countries |
| Employer sponsorship | Required unless pursuing NIW | Always required |
Step-by-Step Application Process
While there are some differences between EB-2 and EB-3, the overall steps for obtaining an employment-based green card are similar:
- Job Offer & Prevailing Wage
- Employer obtains a prevailing wage determination from the DOL.
- PERM Recruitment & Filing
- Employer conducts recruitment efforts, files ETA Form 9089 under the PERM process, and awaits DOL approval.
- Exception: EB-2 NIW petitioners skip this step.
- I-140 Petition
- Once PERM is approved, the employer files Form I-140 (https://www.uscis.gov/i-140) with USCIS.
- If self-petitioning under EB-2 NIW, the individual files Form I-140 on his or her own behalf.
- Adjustment of Status or Consular Processing
- After the I-140 is approved and the priority date is current, the applicant may file Form I-485 for adjustment of status if already in the U.S. in a valid nonimmigrant status.
- Otherwise, the applicant will process the immigrant visa through a U.S. consulate abroad.
- Green Card Approval
- Attend interviews (if applicable), submit biometrics, and complete all medical and security checks.
- If approved, the individual becomes a lawful permanent resident of the United States.
Practical Considerations for Choosing EB-2 vs. EB-3
- Evaluate your qualifications
- If you have a master’s degree or higher (or the foreign equivalent) and the job requires it, EB-2 may be the easier category.
- If you have a bachelor’s degree with at least five years of progressive experience in a specialized field, you may still qualify for EB-2 under the “advanced degree” provision.
- Consider the National Interest Waiver
- If you have a strong track record and your proposed work has substantial merit and national importance, EB-2 NIW allows you to self-petition without a job offer.
- This route requires strong evidence of your contributions and the importance of your work, but it bypasses the job offer and PERM requirements.
- Employer Restrictions
- Some employers may be more comfortable sponsoring EB-3, especially for a broader range of positions.
- In other cases, an employer is looking for an advanced specialist and is willing to sponsor EB-2.
- Country of Birth Implications
- Applicants from countries with historically high demand (India and China) should closely monitor the Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) to see which category is moving faster. Backlogs can shift unexpectedly.
- In certain years, EB-3 for India or China may move faster than EB-2, prompting individuals to “downgrade” from EB-2 to EB-3 by filing a new or amended I-140. Conversely, there may be times when EB-2 is the faster route.
- Future career plans
- If you expect to eventually move into a more senior position or pursue a career that demonstrates extraordinary ability or is in the national interest, you may want to consider EB-2.
- If your job requirements meet the EB-3 criteria (bachelor’s degree or a skilled position requiring two years of experience) and you do not anticipate meeting the more stringent EB-2 requirements, EB-3 is the logical path.
Timeline and key dates to remember
- Filing Deadlines
- PERM certifications are valid for 180 days after approval.
- You must file the I-140 petition with USCIS before the PERM expires.
- In 2023 and 2024, PERM processing times have fluctuated between 6 and 12 months (although this is subject to change).
- I-140 processing times
- According to USCIS data (as of late 2024), I-140 adjudications can range from 4 to 9 months, depending on the service center and whether premium processing (an additional fee of $2,500 at the time of this writing) is used.
- Premium processing guarantees an initial adjudication within 15 calendar days.
- Adjustment of Status (I-485)
- Once your priority date is current, you may file an I-485 (if you are in the U.S. and eligible). Processing times for adjustment of status can range from 8 to 14 months or more, but these times vary widely by USCIS field office.
- Biometrics and interviews (for some applicants) add additional wait times.
- Consular Processing
- If outside the U.S., the National Visa Center (NVC) will process your case after the I-140 is approved, and you will eventually be interviewed at a U.S. consulate.
- Consular processing times vary by consulate and may be affected by local conditions, caseload, and global events (such as the COVID-19 pandemic).
Success strategies and potential pitfalls
- Accurate Filing and Documentation
- Provide consistent and well-organized evidence of your qualifications, including degrees, letters of experience, and professional recognitions.
- Employers should carefully document recruitment efforts and ensure compliance with PERM requirements.
- Maintain Nonimmigrant Status During Processing
- If you are in the U.S. on a work visa (H-1B, L-1, etc.), be careful to maintain valid status while waiting for your priority date.
- Leaving the country or changing employers mid-process can create complications or invalidate parts of the application.
- Beware of retrogression
- Your priority date must be current to apply for adjustment of status or to complete consular processing.
- Follow the Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) closely to ensure that you act promptly when your date becomes current.
- Downgrading or Upgrading Petitions
- With shifting priority dates, it may be advantageous to reclassify from EB-2 to EB-3 or vice versa, depending on visa availability.
- This involves filing a new or amended I-140, but can help you secure an earlier green card if the alternative category moves faster.
- Professional Legal Advice
- Immigration laws and regulations change frequently, and the EB-2/EB-3 process can be complicated.
- An experienced immigration attorney can provide personalized guidance, stay abreast of current government policies, and help you avoid common mistakes.
Deciding between EB-2 and EB-3
Choosing the right employment-based visa category is an important decision that can have long-term career and personal implications. The choice between EB-2 and EB-3 often depends on the applicant’s academic qualifications, work experience, and the specific requirements of the job offered. For those with advanced degrees or exceptional skills-and especially when seeking a National Interest Waiver-EB-2 may offer a faster and more direct route. In contrast, EB-3 remains a valuable option for professionals, specialists, and unskilled workers who do not meet the higher standards of EB-2.
It is important to keep in mind the potential for visa backlogs based on your country of birth, which can dramatically affect your wait time. Regularly checking the Department of State’s Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) is critical to understanding when your priority date may become current. In addition, maintaining close communication with your employer (and an immigration attorney, if possible) is key to ensuring that the PERM process and I-140 petition are filed accurately and in a timely manner.
Given the fluid nature of U.S. immigration policy and the uncertainties surrounding priority date movement, staying informed is your best strategy. For the most reliable guidance, consult official sources such as the USCIS (https://www.uscis.gov/), the U.S. Department of Labor (https://www.dol.gov/), and the U.S. Department of State (https://www.state.gov/). Working with a knowledgeable immigration attorney can also provide tailored advice that takes into account your specific qualifications, professional goals, and background.
By carefully weighing the pros and cons of EB-2 versus EB-3 – and reviewing your eligibility under each category’s criteria – you can chart a path that best aligns with your aspirations to work and live permanently in the United States.
References and Further Reading
- USCIS: Employment-Based Immigration – Second Preference (EB-2) https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
- USCIS: Employment-Based Immigration – Third Preference (EB-3) https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- USCIS: Green Card Eligibility Categories https://www.uscis.gov/green-card/green-card-processes-and-procedures/green-card-eligibility-categories
- U.S. Department of Labor: Permanent Labor Certification (PERM) https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
- U.S. Department of State: Visa Bulletin https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
- Immigration and Nationality Act (INA) – Section 203(b)(2) (EB-2) https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1153&num=0&edition=prelim
- Immigration and Nationality Act (INA) – Section 203(b)(3) (EB-3) https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1153&num=0&edition=prelim
