EB-2 Visa vs EB-3 Visa: What’s the Difference?

An Overview of EB-2 and EB-3 Visas

The EB-2 (Employment-Based Second Preference) and EB-3 (Employment-Based Third Preference) visas are both pathways to permanent residency, commonly known as a green card, in the United States. Both visas are designed for individuals who would like to live and work in the U.S. They both offer similar benefits, however, there are some important differences between the two.

EB-2 and EB-3 visas are both employment-based, meaning applicants need to have a U.S. employer sponsor. Additionally, the sponsoring employer must demonstrate that there are no qualified and willing American workers available for the position being offered to the foreign national.

What is an EB-2 Visa?

The EB-2 visa is designed for individuals with advanced degrees or exceptional abilities. 

• Advanced Degrees: If you have a master’s degree or its international equivalent or in some cases, a bachelor’s degree (or equivalent) coupled with at least five years of progressive work experience in the field, you can qualify under this category.
• Exceptional Ability: Individuals with exceptional ability in the sciences, arts, or business can qualify for the EB-2 visa. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

What is an EB-3 Visa?

The EB-3 visa is one of the options for professionals, skilled workers, and unskilled workers for jobs that are not temporary or seasonal. Here are the details for each sub-category:

• Professionals: Individuals with a bachelor’s degree or its international equivalent qualify as professionals. The offered job must also require at least a bachelor’s degree.
• Skilled Workers: To qualify as a skilled worker, you must have at least two years of job experience or training relevant to the position.
• Unskilled Workers: This category is for jobs that require less than two years of job experience or training.

EB-2 vs EB-3: Eligibility Criteria & Requirements Compared

The EB-2 visa is for individuals with advanced degrees or exceptional abilities. To qualify, applicants must possess a master’s degree or its equivalent, or a bachelor’s degree accompanied by at least five years of progressive work experience. Additionally, those demonstrating exceptional ability in fields such as science, arts, or business are eligible. 

In contrast, the EB-3 visa allows for a broader range of applicants, including professionals, skilled workers, and unskilled workers. As explained in the prior section; professionals must have a bachelor’s degree or its equivalent, skilled workers need at least two years of relevant job experience or training, and unskilled workers are those with less than two years of experience in positions that are not temporary or seasonal. 

How Does the Application Process Differ For EB-2 and EB-3?

Except for the eligibility criteria, the application processes for the EB-2 and EB-3 visas are generally similar. The same steps are followed until the final stage. Both visas require applicants to secure a job offer from a U.S. employer. Then the employer must file a labor certification with the Department of Labor that demonstrates there are no willing and qualified U.S. workers for the position. Following this, the employer files an I-140 Immigrant Petition for Alien Worker on behalf of the applicant.

The main difference between the EB-2 and EB-3 application processes occurs at the final stage which involves the visa bulletin and priority dates. Each visa has its own section in the visa bulletin, which determines the timeline for when applicants can submit their final immigration forms. Generally, the priority date for the EB-2 category is later than the EB-3 category, meaning EB-2 applicants often have a shorter waiting period to submit their immigration files. However, this is not always the case, as the priority dates can fluctuate based on the demand and availability of visas. Therefore, while the initial steps are the same for both visa types, the final stage can result in different timelines for each category.

EB-2 vs EB-3 Processing Times: Is EB2 Faster Than EB3?

As explained above, the application process for EB-2 and EB-3 visas is quite similar, but the main difference comes in the final stage. When it is decided in the visa bulletin which applicants can file their immigration application. Usually, the priority dates for the EB-2 category are more current than those for the EB-3 category. This results in a shorter waiting period for EB-2 applicants than those in the EB-3 category. However, this is not always the case, as priority dates can vary depending on visa demand and availability. Therefore, while EB-2 is often faster, fluctuating priority dates mean that processing times can sometimes overlap between the two categories.

Switching Between the EB-2 and EB-3 Visas: Can You Switch From EB-2 to EB-3?

Although the cut-off dates for the EB-2 visa category are generally ahead of those for the EB-3 visa category in the visa bulletin, this may not always be the case for some specific Chargeability Areas. When the dates in the EB-2 category are more stagnant, you can opt to downgrade your application to EB-3 by filing a new Form I-140, if the legal requirements are met. This process isn’t technically considered a “switch,” as it involves submitting another application rather than invalidating the original EB-2 application.

One significant advantage of this downgrade process is that the usual 180-day rule, which limits the submission of Form I-140 after PERM approval, does not apply. This means you can still downgrade your application even if more than 180 days have passed since your PERM approval. However, please note that if you are an EB-2 NIW (National Interest Waiver) applicant, you are not eligible for the downgrade option.

What are the Key Similarities Between the EB-2 and EB-3 Visas?

The EB-2 and EB-3 visas share several key similarities. They are both valuable options for obtaining permanent residency in the United States. Here are the primary similarities:

• Employment-Based: Both visas are based on employment, requiring a job offer from a U.S. employer.
• PERM Labor Certification: For both EB-2 and EB-3 visas, the employer must obtain a PERM labor certification from the Department of Labor, unless it is an EB-2 NIW application.
• Permanent Residency: Both visas lead to a green card, granting the holder permanent residency in the United States.
• Ability to Bring Family Members: Both EB-2 and EB-3 visa holders can bring their spouse and their unmarried children under 21 to the United States. Family members can also obtain permanent residency.
• Right to Live and Work in the U.S.: Both visa holders can live and work anywhere in the United States without any geographical or employer restrictions once they obtain their green cards.
• Eligibility for U.S. Citizenship: Both visa holders can eventually apply for U.S. citizenship after maintaining permanent residency for a certain period, typically five years.
• Educational Opportunities: Both visa holders and their family members can attend schools in the United States.
• Similar Application Process: The initial steps in the application process are similar for both visas, including obtaining a job offer, securing a PERM labor certification, and filing Form I-140, Immigrant Petition for Alien Worker.

What are the Key Differences Between the EB-2 and EB-3 Visas?

• The EB-2 visa is suitable for jobs requiring advanced degrees and for individuals with exceptional abilities, whilst the EB-3 visa is suitable for professionals, skilled workers, and other workers.
• The visa bulletin typically shows more advanced cut-off dates for EB-2 compared to EB-3, but this can fluctuate based on demand and visa availability.

EB-2 v. EB-3: Which One’s the Right Option For You?

Your choice between the EB-2 and EB-3 visas should be guided by your educational background, work experience, and Chargeability Area. If you meet the higher qualification standards for the EB-2, it might be the better option due to potentially faster processing times. However, if your qualifications align more closely with the requirements of the EB-3, this visa category also offers a path to permanent residency.

Visa applications can be complex and challenging, but you don’t have to navigate them alone. Oguz Law is here to help you understand your options and assist you throughout the application process.

Frequently Asked Questions About EB2 and EB3 Visas

Can a U.S. Employer Sponsor Me for an Unskilled Job If I Have an Advanced Degree?

Yes, a U.S. employer can sponsor you for an EB-3 unskilled visa as long as the job offer is for a full-time position and the employer can demonstrate that no American worker is willing to take the job. Meeting the visa requirements doesn’t depend on your degree or previous occupation, whether as a doctor, lawyer, or scientist. The critical factors are the labor certification and the job being full-time. If you can perform the job and the employer can show a lack of available American workers, you qualify for the EB-3 unskilled visa regardless of your advanced qualifications.

I have an Advanced Degree. Does That Automatically Qualify Me For the EB-2 Category?

No, simply having an advanced degree does not inherently qualify you for the EB-2 category. The job your sponsor is offering must be complex enough to require an advanced degree.

Is the PERM Labor Certification Process the Same for Both EB-2 and EB-3 Visas?

Yes, the PERM labor certification process is generally the same for both EB-2 and EB-3 visas. The employer must demonstrate that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact U.S. workers’ wages and working conditions.