Introduction
Many immigrants are unaware of the requirements to enter the U.S. to live permanently and are confused by the different categories of immigrant workers who can apply for visas. The requirements for the different categories of immigrant workers can be particularly complex for those who are trying to emigrate to the U.S. as advanced degree holders or as skilled workers with specializations for which qualified U.S. workers are unavailable.
There are two special categories of permanent resident visas available for skilled workers and professionals:
- The EB-2 category for advanced degree holders
- The EB-3 category for skilled and professional workers
This article will describe the requirements for application for both of these two immigrant worker categories, the processes involved in making applications, and will help would-be immigrants understand which is most suitable for their own individual circumstances.
Define EB2 and EB3 Visas: Key Characteristics and Purpose
Most people have difficulty understanding the different employment-based immigrant permits, specifically the EB-2 and EB-3 categories.
- EB-2 Visa: This category is for individuals with Advanced Degrees (Masters or higher) and/or individuals of “Exceptional Ability” in Science, Arts, or Business. Such individuals have very advanced qualifications and make significant contributions to the U.S. economy. Advanced Degree holders generally process more quickly than those in the EB-3 category, especially if they are in high demand fields such as IT, Biotechnology, etc. The Priority Dates for the EB-2 category are now Current for all countries as of 2026.
- EB-3 Category: EB-3 is a classification for skilled workers, professional and other workers. These workers generally require at least 2 years of post secondary education or training/most recent 5 years experience in specialty in specific jobs. Professional workers generally require a minimum of a B.A./B.S. degree. Other workers who are not considered as being skilled or having professional qualifications may also be considered for this category if their labor is sought after by U.S. employers. Many immigrant workers enter the U.S. through the EB-3 category in order to work in the U.S. until they can become permanent residents through Green Card status.
Choose between these two categories to find out more about the differences between the two employment-based immigrant permits: the EB-2 and the EB-3 permits. These categories will determine your chances for future opportunities in the U.S. so educate yourself today on the differences between the categories for future opportunities.
Outline Eligibility Requirements for EB2 and EB3 Visas
Deciding whether an individual would be suitable for an EB2 visa or an EB3 visa can be greatly simplified by laying out the key requirements for each category of employment-based visa in detail.
EB2 Visa Requirements:
- The petitioner must have an advanced degree (a Master’s degree or higher) from a US university or a foreign degree which is the equivalent.
- Exceptional ability: In order to receive an approval for an EB2 application under this category the evidence must show that you possess significant accomplishments within your field. These can be in the form of awards and/or recognition.
- Job offer from U.S. employer is required.
- Labor certification is required unless the case is filed under National Interest Waiver (NIW).
EB3 Visa Requirements:
- Skilled workers: Holder of at least two years of experience (while employed or in training) in a specialty area related to the position offered.
- Professionals: Holder of a Bachelor’s Degree or higher degree (or foreign equivalent), OR holder of a Foreign Degree that is proven to be Equivalent to a U.S. Bachelor’s degree.
- Other workers: These workers are of any age and are qualified, or are capable within a reasonable period of becoming qualified to perform unskilled or semi-skilled labor or services of a temporary or seasonal nature. Please note that in the case of "other" workers the worker must be able to perform permanent unskilled labor, not temporary or seasonal.
- A job offer from a U.S. employer, and a labor certification are required for approval of an EB3 application.
This information will help you figure out which type of visa you may fit in to based on your degree and experience. Note that approval rates for the EB3 category are typically much stronger than the EB2 category.
The process for filing an EB3 application is very complex and typically involves two main parts, obtaining a PERM labor certification and then filing the I-485 application for adjustment of status to a lawful permanent resident. It is highly recommended that you seek the help of an experienced immigration attorney so that you can make sure that everything is done correctly and in a timely manner.
Review recent case studies of approvals and/or challenges associated with the EB-3 category. Because of the backlogged priority dates for EB-3 applications there can be extended delays for approval for individuals from countries such as India for example. Ensure you are up to date with your priority dates and have prepared accordingly.
Explain the Application Process for EB2 and EB3 Visas
In order to better manage your application, it is beneficial to have a better understanding of the EB2 vs. EB3 differences.
- Labor Certification. Labor Certification is a requirement for both the EB2 and EB3 difference application. Labor Certification is obtained by the employee’s employer through the U.S. Department of Labor (DOL) and verifies that there are no qualified U.S. workers available for the offered position. Since most EB2 candidates file through National Interest Waiver, their employer will not go through Labor Certification process as part of their application.
- Filing Form I-140: As noted above, after the labor certification has been approved by the Department of Labor, the employee’s employer must file the immigrant petition for alien worker, Form I-140, Alien Worker Immigrant Petition with U.S. Citizenship and Immigration Services (USCIS). In your case, however, as you are an EB2 candidate, you are proceeding under the National Interest Waiver, so your employer will not go through the process of obtaining labor certification for you as mentioned above. Therefore, after you have determined that you are eligible for consideration under either the EB2 difference or the EB3 difference, your employer will then proceed to file the immigrant petition on your behalf. To do so, the immigrant petition, Form I-140, Alien Worker Immigrant Petition, will be submitted to USCIS and your qualifications will be evaluated to determine whether or not you would be considered to be an acceptable candidate for approval under the visa category chosen by you.
- Supporting Documentation: There are various pieces of supporting documentation which need to be submitted in conjunction with the immigrant petition for alien worker. Some examples of documentation required for approval of immigrant petitions such as the EB2 difference or the EB3 difference are evidence of an employee’s qualifications and work experience, job offer letter(s), etc. If the immigrant is an EB2 candidate then evidence of exceptional ability in their field would also need to be submitted in conjunction with the immigrant petition for approval of the immigrant’s qualifications.
- Adjustment of Status or Consular Processing: After approval of the I-140 petition for the EB2 or EB3 difference visa category applicants proceed with the Adjustment of Status (AOS) process if they are currently in the U.S. or proceed with Consular Processing (CP) if outside of the U.S. Applicants complete online Form DS-260 for immigrant visa application and attend an interview at a U.S. consulate.
- Receive Green Card: You will receive your Green Card once your application has been processed successfully. This is one of the most important documents that will allow you to live and work permanently in the USA.
The process of getting a visa is hard, but it is worth it. The process of getting a visa is not just to get a visa, but also to build and establish a better life for oneself and for one’s family.
Compare Processing Times and Wait Periods for EB2 and EB3 Visas
Waiting for immigration processing time is uncertain. Once the EB-2 processing time is completed (6-12 months), it can take a long time for the remainder of the processing. Understanding the EB-2 and EB-3 difference will make it so much easier to deal with the anticipated future wait time. While the average wait time for the EB-3 category is 1-3 years, the wait time for individuals from very high demand countries such as India and China can be much longer.
It is very important to find out when the Department of State releases new Bulletin. In Bulletin you can find information on the availability of visas as well as information on when your priority date will be updated. This way you can find out where you are in line and make necessary decisions for your immigration case to proceed.
Conclusion
It is very difficult for many people to distinguish between the EB-2 and the EB-3 categories and how one can proceed with filing for a green card through a visa in order to secure their future and, more importantly, the future of their immediate family members. Understanding the basic intent of the two categories and their requirements will enable individuals who possess the necessary qualifications to make informed decisions regarding their options.
We thoroughly describe the processes of applying for the EB-2 and the EB-3 categories, as well as all of the necessary documents and why each is required. We are familiar with the processing times for applicants from different countries and can offer advice and assistance in cases where there are delays in processing.
Understanding your options to use both the EB-2 and/or the EB-3 category in order to obtain a permanent resident green card can be very confusing, but with the help of experienced immigration lawyers, the process can be much easier. Our bilingual lawyers and staff at NPZ Law Group are here to assist you in determining which option is best for you in order to reach your goals and build a better life for yourself and your loved ones.
Take the first step today.
Frequently Asked Questions
What is the EB-2 visa?
The EB-2 visa is for individuals with advanced degrees (Masters or higher) and/or those with exceptional ability in fields such as science, arts, or business. These individuals typically have advanced qualifications and contribute significantly to the U.S. economy.
Who qualifies for the EB-2 visa?
Individuals who hold advanced degrees or demonstrate exceptional ability in their respective fields qualify for the EB-2 visa. This category is particularly beneficial for those in high-demand fields like IT and biotechnology.
How does the processing time for the EB-2 visa compare to the EB-3 visa?
Generally, EB-2 visa applicants process more quickly than those in the EB-3 category, especially if they are in high-demand fields.
What is the EB-3 visa?
The EB-3 visa is a classification for skilled workers, professionals, and other workers. It requires at least two years of post-secondary education or training, or five years of experience in a specific job.
Who qualifies for the EB-3 visa?
Skilled workers, professional workers (who typically need a minimum of a bachelor's degree), and other workers whose labor is sought after by U.S. employers qualify for the EB-3 visa.
What is the purpose of the EB-3 visa?
The EB-3 visa allows immigrant workers to enter the U.S. to work and eventually pursue permanent residency through Green Card status.
Why is it important to understand the differences between EB-2 and EB-3 visas?
Understanding the differences between the EB-2 and EB-3 visas is crucial as it can impact an individual's chances for future opportunities in the U.S. and help them make informed decisions regarding their immigration options.
List of Sources
- Define EB2 and EB3 Visas: Key Characteristics and Purpose
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- Visa Bulletin For June 2026 (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-june-2026.html)
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- Outline Eligibility Requirements for EB2 and EB3 Visas
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- Compare Processing Times and Wait Periods for EB2 and EB3 Visas
- What Is The EB-3 Green Card Processing Time? (https://immi-usa.com/eb3-processing-time)
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