Introduction
US immigration system too complicated? The Employment-Based visas for Employment-Based green cards are granted based on an individual’s qualifications or a job offer. Two of the most sought after categories of Employment-Based green cards are used for individuals with similar situations. An important article that helps to choose the right Employment-Based visa and explains the circumstances that affect the decision, etc.
Define EB2 and EB3 Visas: Key Characteristics
If you are considering permanent residency through Employment Based visas, there are many categories to choose from. The Employment Based categories for US Immigration are used for the immigration of foreign workers who have been offered a job in the US. These categories are a ‘key’ to permanent residency for people with advanced degrees or those with exceptional ability in their field. For individuals in this category, permanent residency can be achieved through the Employment Based immigration process.
The National Interest Waiver (NIW) is for the person whose employment in the U.S. is in the national’s interest and thus is waived from a few of the requirements in the normal green card process for employment. There is also a third employment-based immigrant category for skilled, professional, and even unskilled, low wage workers.
Jobs immigrant category for the 'Rest of World' and Mexico are CURRENT, and applicants can file for I-485 Adjustment of Status. For applicants from India, the severe backlogs in the EB2 vs EB3 visa categories have only seen priority dates advance to January 15, 2015. It is always best for applicants to know the processes of all the immigrant categories that they may be eligible for in order to give themselves the best chance at reaching their goals of residency in the US. We are able to assist and guide applicants through the EB-2 vs EB-3 process as well as other employment-based classifications.
Compare Eligibility Requirements for EB2 and EB3
So if you are thinking about seeking eligibility for immigrant employment permit application status should you go with the EB2 criteria or the EB3 criteria requirements. The details of each permit category can be complex and there are in fact many specifics within each individual category for both of these respective permit types.
- Advanced degree holders: You hold a Master’s degree or higher, OR Bachelor’s degree with at least 5 years of progressively gaining work experience thereafter.
- Holder of an advanced degree (such as a Master’s or higher) - or - Holder of a Bachelor’s degree AND at least 5 years of progressive work experience in a field related to the degree; or
- Holder of a Bachelor’s degree AND holding “Exceptional Ability” in his/her/their field or fields of endeavor. Award winners, published authors and other high achievers can qualify under this category. Even if the work that the applicant does does not contribute to the US economy or to society in general, the applicant can self-petition under the National Interest Waiver (NIW) option and have his/her/their application processed under the EB2, Professional, category.
- Is your work important to the U.S. economy or to society in general? If so, you and your work can even apply for a National Interest Waiver (NIW) and self-petition under the professional category.
- Professionals: A person with a U.S. Bachelor’s Degree or foreign equivalent.
- Skilled workers. The foreign skilled worker must have a minimum of two years of post-secondary education for situations where the worker does not possess experience in his/her field or two or more years of experience in his/her field in combination with attainment of a secondary level of education and/or specialized training/skills.
- Unskilled (Low Skill) workers. These are typically considered "unskilled" but are able to apply for permanent residence if they have a permanent, full-time job in the U.S. offered by a U.S. employer and meet the requirements for the particular job that he or she will be filling.
- EB3 does not allow for self-petitioning; Applicant Must Have Employer Sponsoring for EB3 category.
A brief update on the “charts” for the EB2 and EB3 categories. The US Citizenship & Immigration Services (USCIS) and the Department of State utilize various charts to manage the various immigrant employment permit categories. While some of the categories will continually move forward due to lack of applicants, some will actually “retrogress” and then eventually return to moving forward as additional applications are submitted and approved. As of the most recent publication of the March 2026 Visa Bulletin, many of the various categories of immigrant employment permits will be moving forward for approval and are currently on the charts. Note that some categories have been on the charts for many years, only to have additional applications submitted over time thereby allowing the category to continue moving forward. New applicants to America with eligible family members should review the above information to determine if the categories of immigrant permits for employment that their family members are eligible for will allow them to come to America on time. In the alternative, an evaluation of the Public Charge Rule could reveal additional negative impacts on other immigration applications (including permit categories for employment) that would impact not only an applicant’s eligibility for said category but even affect processing of applications already in process. We assist individuals and their families in figuring out all of the permit categories that could allow employment in the U.S. and answer all of their questions.
Another consideration is the impact that the Public Charge Rule is likely to have on applications for various immigration categories. In order to assist potential applicants to establish whether any of the categories for employment permits could apply to them, and also whether application processing might be affected in some instances by the new rule, we’d be pleased to hear from you with any queries you have on this and other matters.
Analyze Processing Times and Delays for EB2 and EB3
The wait time to process an immigration application can be unknown and frustrating for people with future plans.
- EB2 processing times can take anywhere from 6 to 12 months for the I-140 petition to be processed by the service center.
- EB2 green card processing times for approval of the I-140 petition at the service center (state) where the petition was filed are typically 6 to 12 months.
NIW processing times are significantly shorter than the times for EB2 approval as the NIW processing does not require approval of the I-140 petition due to the requirement for labor certification. The labor certification process can add an additional 6 to 12 months or more to the overall processing time of the EB2 vs EB3 visa applications. - Additional backlogs for countries like India and China will also affect wait time.
EB3 Processing Times:
- The processing time for the I-140 petition for the EB3 category typically ranges from 12 to 24 months (for approval by the service center processing for adjudication).
Additionally, time required to obtain labor certification (usually 6 to 12 months or more) extends total processing time for EB2 vs EB3 visa applicants. - Processing times for employment-based third-category immigrants can take anywhere from 12 to 24 months for approval of the I-140 petition (adjudication by service center).
- Additionally, the time required to obtain the labor certification itself (for the EB3 visa) can take an additional 6 to 12 months or more and therefore the EB2 option (which does not require a labor certification) can be a faster alternative for immigrants who are eligible for the EB2 category.
- Individuals from high demand countries such as India and China can expect to encounter significant delays for several years to come. New 2026 projections for employment-based green card cases predict that it will take 48 months from the time a case is submitted until the time a green card is granted. Therefore, it is very important that individuals who are seeking to become legal permanent residents of the United States are thoroughly prepared for the long wait ahead.
Knowing the processing times for Employment-Based immigration can better prepare you for the future and for what’s to come for you and your family.
Evaluate Benefits and Drawbacks of EB2 vs EB3
How To Choose EB-2 or EB-3 Visa For Green Card Approval
Benefits of EB-2:
- Processing for an EB-2 visa can be completed quicker than an EB-3 visa, especially for those who are approved for a National Interest Waiver (NIW) and can self-petition for a Green Card.
- The higher priority in processing the allocation of the available visas, which leads to the processing of the Green Card application and the obtaining of the Green Card in a shorter period of time.
- Greater job flexibility: because the National Interest Waiver allows for self-petitioning, you don’t need an employer to sponsor you for the EB-2 Green Card.
Drawbacks of EB-2:
- More restrictive criteria for determining eligibility to receive an EB-2 visa and the ability of such an individual to receive an approved Green Card may be denied for various reasons.
- Exceptional ability requirements are usually very hard for most applicants to qualify for.
Benefits of EB-3:
- Eligibility for the EB-3 visas are even more open for most applicants including unskilled laborers.
- Less stringent for education and work experience requirements than those required for the EB-2 category. This means many individuals can qualify for an EB-3 employment-based, third preference, Green Cards.
Drawbacks of EB-3:
- Long processing time, mainly because of mandatory labor certification requirements.
- Lowest priority for distribution of visas, and due to very popular Green Card countries, it may take years to get a Green Card approval.
- A full time job offer from a U.S. employer is required as part of the application process.
To figure out which EB-2 or EB-3 Green Card is right for you we would need to evaluate your specific scenario, and then look at the current Visa Bulletin to get a sense of how long it will take for you to receive a Green Card under each category.
Conclusion
Choosing the correct visa to apply for can be very difficult and complicated. There are many strict rules and time frames that must be adhered to in order to apply for a visa and for entrance to the U.S. The EB2 visa is processed in a timely manner for advanced degree holders as well as individuals with exceptional ability. Many individuals who qualify for the EB2 also qualify for a National Interest Waiver which would allow them to apply for the visa without the need of an employer. The EB3 visa is processed in a longer time frame and pertains to skilled and/or unskilled workers who require sponsorship by an employer.
Looking for an immigration lawyer to help you and your family with obtaining the right visa can be very challenging. Let the professional and expert immigration lawyers at Vasquez Law Firm assist you with your visa case 24/7 for all emergencies. We at Vasquez Law Firm offer FREE initial consultations and the lowest and most competitive payment plans in town.
Frequently Asked Questions
What are EB2 and EB3 visas?
EB2 and EB3 visas are Employment Based visas that allow foreign workers who have been offered a job in the U.S. to apply for permanent residency. EB2 is for individuals with advanced degrees or exceptional ability, while EB3 is for skilled, professional, and unskilled workers.
What is the National Interest Waiver (NIW)?
The National Interest Waiver (NIW) allows individuals whose employment in the U.S. is deemed to be in the national interest to bypass certain requirements in the standard green card process for employment.
Are there any current job immigrant categories for the 'Rest of World' and Mexico?
Yes, the job immigrant category for the 'Rest of World' and Mexico is currently open, allowing applicants to file for I-485 Adjustment of Status.
What is the situation for applicants from India regarding EB2 and EB3 visas?
Applicants from India face severe backlogs in the EB2 and EB3 visa categories, with priority dates only advancing to January 15, 2015.
Why is it important for applicants to understand the processes of different immigrant categories?
Understanding the processes of all eligible immigrant categories helps applicants maximize their chances of achieving permanent residency in the U.S.
How can Vasquez Law Firm assist with the EB2 and EB3 visa process?
Vasquez Law Firm can assist and guide applicants through the EB2 vs EB3 process and other employment-based classifications, ensuring they understand their options and the necessary steps.
List of Sources
- Define EB2 and EB3 Visas: Key Characteristics
- April 2026 Visa Bulletin: Major Progress for EB-2/EB-3 India (https://ellis.com/resources/visa-bulletin-april-2026-analysis)
- United States: EB-2 India Unavailable Through September 30, 2026 — What Employers and Indian Nationals Need to Know - WR Immigration (https://wolfsdorf.com/united-states-eb-2-india-unavailable-through-september-30-2026-what-employers-and-indian-nationals-need-to-know)
- EB-2 vs. EB-3: High-Skilled Professionals (https://colombohurdlaw.com/eb-2-niw-vs-eb-3-why-high-skilled-professionals-should-know-the-difference)
- EB-2 vs. EB-3 Green Card: Which Is Faster in 2026? | Gozel Law (https://gozellaw.com/blog/eb-2-vs-eb-3-green-card)
- Compare Eligibility Requirements for EB2 and EB3
- April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
- March 2026 Visa Bulletin: Spring Forward! | News & Events | Clark Hill PLC (https://clarkhill.com/news-events/news/march-2026-visa-bulletin-spring-forward)
- Department of State Releases April 2026 Visa Bulletin: Continued Advancement in Employment-Based Green Card Across Multiple Categories (https://gtlaw-insidebusinessimmigration.com/visa-bulletin/department-of-state-releases-april-2026-visa-bulletin-continued-advancement-in-employment-based-green-card-across-multiple-categories)
- April 2026 Visa Bulletin: “Current” Events | JD Supra (https://jdsupra.com/legalnews/april-2026-visa-bulletin-current-events-7665508)
- United States | April 2026 Visa Bulletin: India advances in EB-2 and EB-3 (https://bal.com/immigration-news/united-states-april-2026-visa-bulletin-india-advances-in-eb-2-and-eb-3)
- Analyze Processing Times and Delays for EB2 and EB3
- July 2026 Visa Bulletin - Latest Update (https://boundless.com/blog/visa-bulletin)
- EB-3 Visa Bulletin 2026: Priority Dates, Processing Times, and Realistic Expectations (https://natlawreview.com/press-releases/eb-3-visa-bulletin-2026-priority-dates-processing-times-and-realistic)
- The Latest Green Card Processing Times - 2026 - Boundless (https://boundless.com/immigration-resources/average-green-card-wait-times)
- EB-3 Processing Time 2026: EB3.Work Releases Exclusive 4-Year Timeline Analysis for Green Card Applicants (https://natlawreview.com/press-releases/eb-3-processing-time-2026-eb3work-releases-exclusive-4-year-timeline)
- Evaluate Benefits and Drawbacks of EB2 vs EB3
- EB2 vs EB3: Key Differences & Which Visa is Right for You (https://rajulaw.com/eb2-vs-eb3)
- EB-2 vs. EB-3 Green Card: Which Is Faster in 2026? | Gozel Law (https://gozellaw.com/blog/eb-2-vs-eb-3-green-card)
- April 2026 Visa Bulletin: EB-2 & EB-3 Advance (https://immigrationfleet.com/articles/april-2026-visa-bulletin-major-advancement-in-eb-2-and-eb-3-green-card-categories-what-you-need-to-know)
