EB-2 or EB-3: Differences Explained

The journey to U.S. residency through employment-based visas, specifically the EB-2 and EB-3 categories, is a path many skilled professionals and workers consider. Understanding the nuances between these two categories is crucial for prospective immigrants, as it can significantly impact the application process and the outcome. This guide will delve into the distinctions, requirements, and determination criteria set by the United States Citizenship and Immigration Services (USCIS), offering a clear roadmap for applicants.

Understanding EB-2 and EB-3 Preference Categories

The U.S. immigration system categorizes employment-based visas into several preference categories, with EB-2 and EB-3 being two primary options for individuals seeking permanent residency through employment. The choice between these two categories can influence the timeline and success of one’s immigration process.

Preference Classification Determination by USCIS

For an employment based permanent residency process, the first step generally is the filing of labor certification also known as PERM which is filed with the Department of Labor (DOL). The preference classification, whether EB-2 or EB-3, is determined by USCIS based on the job requirements set by the employer and the qualifications of the employee. This classification is crucial as it dictates the eligibility criteria and the waiting times for visa availability.

At the time of submitting the PERM, the employer states the minimum requirements of the position i.e. the educational and experiential requirements of the position. The beneficiary of the PERM, must demonstrate that s/he meet the requirements of the PERM before s/he started working for the employer in order for the immigrant petition (Form I-140) to be approved.

EB-2 Visa Requirements

The EB-2 visa category is intended for professionals holding advanced degree or individuals with exceptional ability in the sciences, arts, or business significantly benefiting the economic, cultural or educational interests of the U.S. There are three primary ways to qualify for an EB-2 category:

• Based on master’s degree or equivalent: Applicants must demonstrate that their job requires an advanced degree (beyond a bachelor’s) and that they possess such a degree or its foreign equivalent.
• Based on BS Degree Equivalent Plus 5 years’ experience: Alternatively, a position requiring a bachelor’s degree or foreign equivalent and five years of post-baccalaureate progressive experience also qualify for EB-2.
• Based on Exceptional Ability: For an EB-2 based on exceptional ability the beneficiary must document that they have exceptional ability in the sciences, arts, or business and granting them a green card would be a substantial benefit to the U.S. economic, cultural, or educational interests.

EB-3 Visa Requirements and Determination Criteria

The EB-3 category is broader, covering skilled workers, professionals, and other workers. This classification caters to a wider range of employment opportunities but typically has longer waiting times due to higher demand and lower priority in the visa allocation system.

• EB-3 for Skilled Workers: This category is for positions requiring at least two years of training or work experience.
• EB-3 for Professionals: This category is for positions that requires a U.S. baccalaureate degree or a foreign equivalent.
• EB-3 for Other Workers: This subcategory is for positions that require less than two years of training or experience.

Conclusion

Choosing between the EB-2 and EB-3 preference categories involves a strategic assessment of one’s qualifications, the nature of the job offer, and the current USCIS policies and visa bulletin trends. Applicants must carefully evaluate their options, possibly with the assistance of an immigration attorney, to determine the most appropriate and effective pathway to U.S. residency. The journey to U.S. immigration is intricate, but with the right information and preparation, achieving the American Dream is within reach.