EB-2 or EB-3: Which Visa is Faster for Recent Immigrants?

Introduction

When it comes to employment-based visas, there are many rules and regulations that can make it difficult for immigrants and their family to receive approval in a timely manner. Both the EB-2 and EB-3 categories have their own qualifications for approval, and how long it takes to process each individual case can affect whether an immigrant can make it in time to reside in the United States. Determining whether the EB-2 visa is faster than the EB-3 visa is important for those trying to start over in America.

Define EB-2 and EB-3 Visa Categories

Immigrant visas for employment-based immigration are available to immigrants and their immediate family members who are outside the U.S. and seeking to enter the U.S. for work.

EB-2 Visa: EB-2 Visas are granted to several categories of immigrant workers. First, there are several categories of professional workers who require an advanced degree such as a Master’s degree or higher or individuals with great ability in a particular field such as science, arts, or business. A National Interest Waiver (NIW) is available for individuals with ability in a particular field who work in the U.S. and whose work will greatly benefit the U.S. There are several other categories of professional workers who may also qualify for an EB-2 Visa. GreenCardService.com can help you determine which of the several categories of EB-2 Visa workers best fit your circumstances and begin processing your labor certification and application. EB-2 labor certifications can take 12-18 months or longer to process and many of these cases are audited requiring extensive documentation to support the approval of the labor certification application.

Employment-based third preference (EB-3) immigration includes three subcategories:

1. Skilled workers who require at least 2 years of experience
2. Professionals who require a U.S. bachelor’s degree or foreign degree equivalent
3. Other workers who require no specialized experience

Because there are so few employment-based visas available, processing of these categories can take many years. For example, in many years processing of immigrant visa applications for unskilled workers from India has exceeded 100 years. Importantly, however, processing of the EB-2 category (for example, holders of advanced degrees or individuals with exceptional ability in science, arts, culture, business, and sports) is often much, much faster. Indeed, individuals with exceptional ability in science, arts, culture, business, and sports can qualify for National Interest Waiver (NIW) and file without a job offer. In the first half of FY 2025, for example, approximately 98% of employment-based third preference petitions were approved. Importantly, recently entered individuals will find that all employment-based immigration permits were depleted early this year on September 9, 2025. Therefore, it is critical that recently entered individuals process applications for permits for employment-based immigration as quickly as possible.

Compare Processing Times for EB-2 and EB-3

When you are outside of the US and you are trying to get approval for an employment-based immigration case it can be confusing and often very frustrating.

It generally takes 6-12 months or less to process EB-2 employment-based applications. Note, however, that this time frame can be reduced to a few months by using the service of premium processing. Additionally, even though EB-2 applications are processed in a shorter time frame than EB-3 applications, there is a high volume of applications from countries such as India and China, which would cause significant delays in processing.

Employment-Based Third Preference Processing Times: We expect the Employment-Based Third Preference applications to process in the 12 to 24 months time frame. Since these are mostly unskilled worker applications, they would process slower than other Employment-Based categories. These cases go through labor certification process which in itself can take several months to complete.

Knowing your specific case is so important.

Examine Eligibility Criteria for EB-2 and EB-3

How Do I Choose Between EB-2 and EB-3 Which is Faster?

Employment-based visa categories for foreign workers seeking to immigrate to the United States to live and work here permanently are numerous. Visa eligibility for applications for EB-2 and EB-3 work visa status for foreign workers seeking to immigrate to the United States to live and work here permanently therefore can appear to be a big puzzle that must be solved in order to qualify for EB-2 or EB-3 status, EB-2 or EB-3 which is faster.

EB-2 Eligibility Criteria: To qualify for an EB-2 visa, you must fall into one of the following categories:

1. Hold an advanced degree (master's or higher) or its equivalent.
2. Hold an advanced degree (master's or higher) or its equivalent.
3. National Interest Waiver (NIW) Application Requirements: The requirements for a National Interest Waiver (NIW) application need to be met in order to waive the labor certification requirement. Typically, the applicant needs to show how his/her work in the U.S. will have an impact in the U.S. (not just abroad).

EB-3 Eligibility Criteria: There are several requirements for eligibility that are even broader for the EB-3 category of employment-based work visas. These include:

1. Skilled Workers: These workers must have at least two years of relevant experience or have completed a job training program.
2. Professionals: Holder of a Baccalaureate degree from a U.S. academic institution or foreign academic equivalent.
3. Unskilled Workers: May be eligible for an EB-3 visa as long as a U.S. employer offers the foreign national permanent employment and the labor certification requirements are met.

Knowing the eligibility criteria for the EB-2 and EB-3 work visa categories will help you to establish which work visa category is going to be the fastest for you and your loved ones. Currently, the EB-2 category for foreign nationals from all countries is currently “open” and will begin processing new EB-2 visa applications on October 15, 2024. In the meantime, the EB-3 category for foreign nationals from all countries is currently “limited” to individuals who have a priority date that is prior to August 1, 2024.

The length of time it has taken for other applicants to receive approval for a visa from their country of origin is indicative of the long delays faced by countries experiencing high demand for available visas. That is why it is so very important that one apply early for a visa and to gain an understanding of the present processes in order to plan best for one’s own future, and that of one’s loved ones.

Evaluate Strategic Considerations for Choosing EB-2 or EB-3

There are many categories that fall under the employment-based visas, and many immigrants seeking to move to the U.S. have trouble figuring out which category will be best for their future careers. If you hold advanced degrees or have skills that are in high demand in the U.S. employment market, then the second category of employment-based visas would likely be the best choice for you. This category includes holders of Master’s degrees as well as individuals who require a Bachelor’s degree and 5 years or more of end authoritative experience in that specific field of work. In contrast, the third category of employment-based visas is for less educated individuals or those with less work experience in their specific field of work. Many skilled workers fall into this category as they typically have completed two years or more of training and/or work experience in their specific field of work.

Processing time for employment-based visas can also be a factor. While most employment-based second preference visas are processed more quickly than third preference visas, the July 2026 Visa Bulletin reports that the employment-based category for India became unavailable for the remainder of FY 2026 while limited forward movement was reported for the other employment-based category for India. Processing in a relatively short period of time as an EB-3 rather than waiting decades for a visa as an EB-2 would likely be considered frustrating.

Applicants should also recognize that securing a job offer and obtaining a labor certification can be a challenging task for many applicants, especially those applying under the third preference category who are required to have a job offer from a U.S. employer with a labor certification application approved by the Department of Labor. The second preference category, however, has a National Interest Waiver (NIW) option that allows for self-petitioning and can therefore present more opportunities for approval.

Wait time to become current can vary significantly by country of birth of the applicant. While EB-2 for India and China applicants may face decades of wait time, third employment-based category applicants from many countries are able to proceed in a relatively short period of time as they are considered to be outside of the National Interest Waiver process and there are fewer requirements for labor certification. In many years, there are also unused numbers from the family-based applications that are allocated to the third employment-based applications.

In summary, the different employment-based visa categories have different opportunities for future employment. As an EB-2, many of the jobs available are highly specialized, but there are more jobs available as an EB-3. After weighing the different categories against your career goals, it may be best to proceed under the category that offers the most immigration options even if that means downgrading from EB-2 to EB-3 status. It is wise to discuss downgrading early on with an experienced immigration attorney in order to have a clear understanding of the various options available to you.

Conclusion

Immigrants and their family members need to understand the basic qualifications for both categories of work visas, the process by which applications for each are processed and how each category of work visa will best assist in the immigrant’s career goals.

Eligibility for both categories is briefly summarized and as can be read from the article above, higher qualified immigrants tend to fall into the EB-2 category. As for processing time for applications filed with premium processing for EB-2, it is typically 6-12 months or so. For EB-3 applications, including labor certification processing, it is typically 12-24 months or more.

Ultimately, it is up to you and your specific circumstances to decide which of the EB-2 or EB-3 categories best suit you and your family. Work with an experienced immigration attorney to go through the various categories of immigrant visas and find the ones that best fit your goals. With the help of immigration law, you can secure your future and achieve your goals living and working in the U.S.

Frequently Asked Questions

What are the EB-2 and EB-3 visa categories?

The EB-2 and EB-3 visa categories are immigrant visas for employment-based immigration available to individuals seeking to enter the U.S. for work. The EB-2 visa is for professional workers with advanced degrees or exceptional abilities, while the EB-3 visa includes skilled workers, professionals with a U.S. bachelor's degree, and other workers with no specialized experience.

Who qualifies for an EB-2 visa?

Individuals who qualify for an EB-2 visa include professional workers with an advanced degree (such as a Master’s degree or higher) and those with exceptional abilities in fields like science, arts, or business. A National Interest Waiver (NIW) is also available for individuals whose work benefits the U.S.

How long does it take to process an EB-2 labor certification?

Processing an EB-2 labor certification can take 12-18 months or longer, and many cases may be audited, requiring extensive documentation to support the application.

What are the subcategories of the EB-3 visa?

The EB-3 visa includes three subcategories: skilled workers with at least 2 years of experience, professionals requiring a U.S. bachelor's degree or equivalent, and other workers who do not require specialized experience.

How long can processing take for EB-3 visas?

Processing for EB-3 visas can take many years due to the limited number of employment-based visas available. For instance, processing for unskilled workers from India has exceeded 100 years in some cases.

Is the processing time for EB-2 visas faster than EB-3 visas?

Yes, the processing time for EB-2 visas is often much faster, especially for individuals with exceptional abilities who can qualify for a National Interest Waiver (NIW) and file without a job offer.

What should individuals do if they recently entered the U.S. and need employment-based immigration permits?

Individuals who recently entered the U.S. should process their applications for employment-based immigration permits as quickly as possible, as all employment-based immigration permits were depleted early in the fiscal year 2025.

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1. Define EB-2 and EB-3 Visa Categories
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3. Examine Eligibility Criteria for EB-2 and EB-3
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4. Evaluate Strategic Considerations for Choosing EB-2 or EB-3
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