Master the EB2 and EB3 Visa Process: Key Steps for Immigrants

Introduction

Immigrating to the U.S. can be a very complicated process, especially when it comes to the laws regarding the many different categories that are available to apply for permanent residency through work using an immigrant visa. This guide to the EB-2 category and the EB-3 category will provide the reader with enough information about how to apply for each of the two categories as well as the requirements for each category in order to better determine which of the two processes will be the most efficient for an individual’s goals to work in the U.S. and gain permanent residency.

Define EB2 and EB3 Visas: Key Differences and Eligibility Criteria

A brief Guide to the EB-2 and EB-3 Visa Categories. When exploring options for immigration through skilled work and permanent residency (a Green Card) as a permanent resident, it can be really difficult to figure out the different parts of the US immigration system. One of the biggest areas of confusion is distinguishing between the EB-2 and the EB-3 visa categories for skilled professionals who hold advanced degrees, and who are of ‘exceptional ability’.

• EB-2 and EB-3 Visa: For both EB-2 and EB-3 skilled worker classifications listed above, foreign workers who immigrate to the U.S. as permanent residents in this classification must provide evidence that their admission to the U.S. will enhance the U.S. economy and the U.S. workforce in their respective communities.
• Unskilled/Low skilled workers (including unskilled and other workers): Evidence of at least 2 years of work experience (or at least 2 years of training, or 2 years of combination of experience and education, or 5 years of senior school (secondary education) where the last 2 years of secondary education or higher was completed successfully and the individual has the necessary education, experience or qualifications and is qualified to perform the proposed services. The immigrant worker is not required to have a Bachelor’s degree or higher (i.e. skilled workers). This category has fewer benefits to the U.S. employer than the EB-2 category, but has lower barriers of entry.

Eligibility Criteria:

• EB-2: Advanced degree holders (such as a Master’s degree) or individuals with exceptional ability. Evidence of advanced degree or of exceptional ability in the arts, science, or business must be presented. Job offer from a U.S. employer with labor certification filed on their behalf.
• The less stringent requirements for eligibility under the EB-3 category regarding the worker’s education and/or experience can assist advanced degree professionals (skilled workers) who are seeking legal entry to the U.S. and attempting to seek approval for a green card under the immigrant visa for workers of advanced degree holder(s) (master’s degree or higher) classification, compare the requirements for EB-2 category ‘workers with extraordinary ability’ and the EB-3 category ‘skilled and other workers’ in order to establish the requirements for approval for the advanced degree holder(s) seeking a permanent resident (Green Card) and understand the benefits of the EB-2 and EB-3 visa categories for skilled workers immigrating to the U.S.

Identify Eligibility Requirements for EB2 and EB3 Visa Applicants

If you can’t seem to find the requirements for the EB2 or EB3 immigrant visa, we can go into more details for you.

• EB2 Visa Requirements:

  • Advanced degree holders (Master’s degrees or higher) or “Individuals of Exceptional Ability” in their respective fields.
  • A job offer from an American employer. Labor certification (Form ETA-9089). A certification that there are no qualified domestic workers to fill the position for which the foreign worker with advanced degree holds the necessary qualifications.
  • Work of national or significant benefit to the U.S.: There are instances where people without a U.S. job can also be classified under the EB2 category as National Interest Waiver (NIW) candidates, thus making their future travel to the U.S. easier.

• EB3 Visa Requirements:

  • For skilled workers: At least two years of experience, or other appropriate combination of education and experience, in the field for which they are being sponsored.
  • Professionals: Holders of a U.S. degree of a baccalaureate or higher level of academic achievement, or foreign degrees which are substantially equivalent.
  • Unskilled labor: Qualifies for an EB3 visa if the worker is capable of performing a job of rank-and-file nature. This worker typically requires less than 2 years of preliminary training or education, including on-the-job training.
  • Job offer from U.S. employer along with job offer approval and labor certification (Form ETA-9089) stating that there are no qualified U.S. workers to fill the position for which the foreign worker with required education and experience is qualified.

We help you to understand the visa requirements for the EB2 and EB3 immigrant visas to secure your future and that of your family in the U.S.

Outline the Application Process for EB2 and EB3 Visas

It is commonly said that the process for EB2/EB3 visas is lengthy and complicated. However, in hopes to alleviate some stress and provide valuable insight, below is a detailed, step by step guide that details how to apply for a EB2/EB3 visa application while you are planning for your future and that of your family here in the US.

1. Get a Job Offer: Get a job offer from a U.S. employer who is willing to support your permanent resident application.
2. Labor Certification: The employer must apply for a labor certification by filing a Form ETA-9089 application with the Department of Labor. The purpose of the labor certification is to ensure that, should the foreign national worker not end up working in the United States, there are sufficient qualified U.S. workers available for the job for which the foreign national worker was hired.
3. Filing Form I-140: The employer will then submit the Form I-140 immigrant petition for the foreign national employee to the USCIS.
4. Filing for Priority Date: Upon filing of the Form I-140, a Priority Date will be assigned to the approved application. While China’s cutoff date for the use of EB-2 and EB-3 visas has been held at September 1, 2021, India’s has retrogressed to January 1, 2014, so applicants with these types of petitions and a Priority Date prior to these dates can proceed with filing their I-485 for Adjustment of Status to that of a permanent resident of the US while applicants from All Chargeability Areas and Mexico with Priority Dates prior to August 1, 2024 may also file for Adjustment of Status to that of a permanent resident of the US as well.
5. Adjustment of Status or Consular Processing: After qualifying for an immigrant visa, you and any immediate family members proceed with either Adjustment of Status (AOS) with U.S.C.I.S. processing here in the U.S. or with Consular Processing abroad. As stated before for the EB-2 category for All Chargeability Areas (i.e. including Mexico), those cases will move to August 1, 2024 and applicants with a Priority Date prior to this date may file for AOS (I-485).
6. Interview for Adjustment of Status: When your case is scheduled for an interview, an Officer will review all the documentation submitted, determine if any additional documentation is required, and will ask additional questions to approve your Adjustment of Status application to obtain your Green Card.
7. Receive Decision: After reviewing your case the officer will make a decision on your application for Adjustment of Status for a Green Card. We will then explain the USCIS decision in full detail for you as previously explained in step 4 above when priority date retrogrades - it simply means the date has gone backwards. All pending requests for approval of I-485 applications will continue to be processed by USCIS and approval of your pending requests for approval will be subject to availability of immigrant visas for which there are permits available at the time your application is approved.

From beginning to end we will be right there with you every step of the way helping you achieve your American Dream.

Address Common Challenges and Misconceptions in EB2 and EB3 Applications

A great number of EB2 and EB3 applicants face seemingly insurmountable challenges in the processes involved in qualifying for and receiving an employment-based immigrant green card in the US, as well as many common misconceptions in these processes.

• Misconception 1: A lot of applicants think that EB2 category is for very highly educated people such as PhDs, MDs etc while they think that EB3 is for people with some education. The reality is just the opposite. Advanced degrees are required for the EB2 category while the EB3 category is for “exceptional ability”, which or not necessarily includes people with advanced degrees. There are also “skilled workers” and “unskilled workers” (also referred to as “other workers”) in the EB3 category.
• Misconception 2: A job offer guarantees approval for a visa. There are many elements required to gain approval for an employment-based immigrant visa in the US. The job offer is a major component, but it is only one of the elements that require adequate documentation.
• Challenge 1: Incorrect or Insufficient documentation. This can cause delays in your case or even lead to a denial of your application. Make sure you include all required documentation and verify that it is current and complete.
• Challenge 2: The labor certification process can be very difficult to understand for those applying for the process. The rules for the PERM process are strict and the employer must understand each of the steps in order to complete the process and prepare for the filing of the labor certification application.
• Challenges to Apply EB2 & EB3 immigrant visas for employment in the US: For many applicants the process of filing for an EB2 or EB3 immigrant visa for employment in the US presents a great challenge and as well as misconceptions that the applicant has about the process. Processing time for the application of a visa can take a long time and there are many factors that affect the time that it takes for the approval of the visa application. The applicant should keep track of the current status of the case of the applicant.

Many of the employment-based, immigrant, green card holders who came to the U.S. as temporary workers, later became permanent residents while living and working in the U.S. A very large percentage, approximately 75%, of the employment-based green card holders came to the U.S. on a temporary work visa and later converted their status to permanent residents while already in the U.S. The process that these employees go through in order to obtain their labor certification and subsequent permanent resident status in the EB2 and EB3 categories are outlined below. Since 1990 Congress has placed a cap of 140,000 per year on the number of employment-based green cards and currently there is an over one million person backlog in the employment-based category. Because of these numerical limitations as well as others, the process of attempting to obtain a labor certification and then applying for permanent resident status can be long, arduous and very complex for many applicants.

Conclusion

Skilled foreign workers are eligible to apply for a Green Card as Permanent Residents through the skilled foreign workers category. Foreign workers like you who are seeking to immigrate to the U.S. as a Permanent Resident with your family will find the process of applying for a Green Card through the skilled foreign workers category to be a viable option. Here at Vasquez Law Firm, we outline the main differences between two of the categories for skilled foreign workers - EB2 and EB3 - and the qualifications needed to apply for a Green Card through each process. Our bilingual staff and affordable payment plans make the process of obtaining a Green Card easy for foreign workers like you and your family.

An Overview of EB2 and EB3 Green Card processes will outline crucial points regarding:

• Eligibility Criteria
• Process of filing an EB2 application for Permanent Resident status
• Process of filing an EB3 application for Permanent Resident status
• Common problems encountered when applying for a Green Card

The overview will aid skilled foreign workers to become Permanent Residents of the U.S. as well as their loved ones by achieving their dream of immigrating to the U.S. and starting anew.

Are you a skilled foreign worker seeking Permanent Resident status in the U.S.? If so, the skilled foreign workers category could be a viable avenue for you and your loved ones. At the Vasquez Law Firm, we have bilingual staff ready to guide you through the EB2 and EB3 processes for filing applications for Permanent Resident status. Let us take the first step of the hardest part for you - and unlock a world of endless possibilities for you and your family here in the U.S. We offer affordable payment plans to fit your budget.

Frequently Asked Questions

What are the EB-2 and EB-3 visas?

The EB-2 and EB-3 visas are categories for foreign workers seeking permanent residency (a Green Card) in the U.S. The EB-2 visa is for advanced degree holders or individuals with exceptional ability, while the EB-3 visa is for skilled workers, professionals, and unskilled workers.

What is the eligibility criteria for the EB-2 visa?

To qualify for the EB-2 visa, applicants must hold an advanced degree (such as a Master’s degree) or demonstrate exceptional ability in the arts, sciences, or business. They must also have a job offer from a U.S. employer who has filed a labor certification on their behalf.

What is the eligibility criteria for the EB-3 visa?

The EB-3 visa requires evidence of at least two years of work experience or training, or a combination of education and experience. Unlike the EB-2 category, applicants do not need to hold a Bachelor’s degree or higher, making it more accessible for unskilled and low-skilled workers.

How do the EB-2 and EB-3 visas differ in terms of benefits for U.S. employers?

The EB-2 category offers more benefits to U.S. employers compared to the EB-3 category, which has lower barriers to entry but fewer advantages for employers.

Can advanced degree professionals apply for the EB-3 visa?

Yes, advanced degree professionals can apply for the EB-3 visa, as it has less stringent requirements regarding education and experience, making it a viable option for those seeking legal entry to the U.S.

What evidence is required for both EB-2 and EB-3 visa applications?

Both visa categories require evidence that the applicant's admission will enhance the U.S. economy and workforce. For EB-2, proof of advanced degree or exceptional ability is needed, while EB-3 requires evidence of work experience or training.

Why is it important to understand the differences between EB-2 and EB-3 visas?

Understanding the differences helps applicants determine which visa category best suits their qualifications and immigration goals, facilitating a smoother application process for permanent residency in the U.S.

List of Sources

1. Define EB2 and EB3 Visas: Key Differences and Eligibility Criteria
   • EB-2 India Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2026 (https://fragomen.com/insights/united-states-eb-2-india-immigrant-visa-category-unavailable-through-september-30-after-reaching-annual-limit-for-fy-2026.html)
   • July 2026 Visa Bulletin - Latest Update (https://boundless.com/blog/visa-bulletin)
   • 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)
   • EB‑2 vs EB‑3 Visas: Alma Comparison & Differences (https://tryalma.com/learn/eb2-vs-eb3-key-differences)
2. Identify Eligibility Requirements for EB2 and EB3 Visa Applicants
   • April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
   • July 2026 Visa Bulletin: EB-1, EB-2, EB-3, EB-5 and I-485 Filing Updates (https://arvian-immigration.com/july-2026-visa-bulletin)
   • EB-2 NIW Green Card | National Interest Waiver Explained (2026) | Gozel Law (https://gozellaw.com/blog/eb-2-niw-green-card-guide)
   • July 2026 Visa Bulletin Released: What Employers Need to Know - Gibney Anthony & Flaherty, LLP (https://gibney.com/alerts/july-2026-visa-bulletin-released-what-employers-need-to-know)
   • EB-2 Visa: Approval Rates, Requirements & Processing (2026) (https://visalytics.com/eb_2)
3. Outline the Application Process for EB2 and EB3 Visas
   • July 2026 Visa Bulletin - Latest Update (https://boundless.com/blog/visa-bulletin)
   • July 2026 Visa Bulletin: EB-1, EB-2, EB-3, EB-5 and I-485 Filing Updates (https://arvian-immigration.com/july-2026-visa-bulletin)
   • US Department of State Releases July 2026 Visa Bulletin (https://morganlewis.com/pubs/2026/06/us-department-of-state-releases-july-2026-visa-bulletin)
   • July 2026 Visa Bulletin Released: What Employers Need to Know - Gibney Anthony & Flaherty, LLP (https://gibney.com/alerts/july-2026-visa-bulletin-released-what-employers-need-to-know)
   • July 2026 Visa Bulletin Issued: Final Action Dates Will Apply for EB Matters for the Third Month in a Row; Minor Forward Movement and Some Retrogression in the EB-1, EB-2, and EB-3 Categories | Tafapolsky & Smith LLP (https://tandslaw.com/july-2026-visa-bulletin-issued-final-action-dates-will-apply-for-eb-matters-for-the-second-month-in-a-row-minor-forward-movement-and-some-retrogression-in-the-eb-1-eb-2-and-eb-3-categories)
4. Address Common Challenges and Misconceptions in EB2 and EB3 Applications
   • Green card recapture would reduce immigration backlogs (https://fwd.us/news/green-card-recapture)
   • April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
   • News - Murthy Law Firm | U.S Immigration Law (https://murthy.com/view-all-news)
   • Immigration and Citizenship Data (https://uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data)