EB2 vs. EB3 Employment-Based Immigration: Priority Levels, Requirements, Process, and Backlog Differences

EB2 and EB3 visas share many similarities. Both can lead to permanent residence (a green card) and are intended for workers who will contribute to the United States. However, they also differ in many ways. This guide will help you understand some of the key differences.

1. Overview of EB2 and EB3 Visas

Both EB2 and EB3 are employment-based immigrant visas. This means that in most cases, you need a U.S. employer to sponsor you. In addition, the position must not have other qualified and willing U.S. workers available.

Both visas can lead to U.S. permanent residence (a green card). As a permanent resident, you will enjoy many benefits, including:

• The right to live and work in the United States

• Easier entry to and exit from the United States

• The ability to petition for immigration benefits for your family

• A path to U.S. citizenship

• The right to attend school in the United States

Both visas offer many benefits that may be useful to you. However, understanding their differences is important. This will help you determine which visa best fits your situation.

• EB2 visa is the second-preference employment visa: it applies to individuals with an advanced degree and/or exceptional ability. An advanced degree means a master's degree or higher (or equivalent). Individuals with a bachelor's degree (or equivalent) and five years of work experience may also be eligible for an EB2 visa. Exceptional ability means a level of expertise significantly above that ordinarily encountered in a field, which can be demonstrated through awards, work experience, or other evidence. The EB2 visa also applies to individuals who will work in the U.S. national interest, such as medical professionals working in underserved areas.

• EB3 visa is the third-preference employment visa: it applies to professionals, skilled workers, and unskilled workers. Professionals are individuals with a bachelor's degree or higher (or equivalent). Skilled workers are individuals with two or more years of relevant work experience. Unskilled workers are individuals with less than two years of relevant work experience.

Although the two visas and their application processes share many similarities, there are also key differences. The following sections will explain some of them.

2. Second Preference vs Third Preference

The first major difference between EB2 and EB3 visas is their priority level. Both are employment-based visas. However, EB2 is the second-preference employment visa and EB3 is the third-preference employment visa. This means that EB2 visas have slightly higher priority than EB3 visas.

EB2 and EB3 each receive 28.7% of the employment-based immigration quota. In addition, if EB1 visas have unused numbers, those numbers are allocated to EB2; if both EB1 and EB2 have unused numbers, they are allocated to EB3. In other words, EB2 has a higher priority than EB3 in receiving unused visa numbers.

The higher priority level of EB2 visas means that the criteria for this category are stricter. If you qualify for both EB2 and EB3 visas, it is recommended that you discuss with an immigration attorney to choose the best visa based on your unique situation. For example, your country of birth may be a very important consideration because it affects your waiting time.

Beyond EB2 and EB3, there are several other employment-based green card categories. EB1 visas are for priority workers and have the highest requirements; EB4 and EB5 visas apply only to specific groups of workers. Therefore, for most people, EB2 and EB3 visas are the most common options.

3. Requirements

Another difference between EB2 and EB3 visas lies in their requirements. As mentioned earlier, the requirements for EB2 and EB3 visas have both similarities and differences.

Similarities:

• U.S. employer sponsorship: Under both visas, you must have a job offer from a U.S. employer. In addition, the U.S. employer must be willing to sponsor you. The only exception is if you are applying under the National Interest Waiver category of the EB2 visa. The National Interest Waiver is a special subcategory of the EB2 visa for individuals who will work in fields of national interest. In this case, you may be eligible to self-petition. This means you can apply for an EB2 visa without employer sponsorship.

• Labor certification: Under both EB2 and EB3 visas, the employer sponsorship must obtain a labor certification approved by the U.S. Department of Labor. Basically, this means the employer must prove that they tried to hire a qualified U.S. worker but were unsuccessful. This process is also known as the PERM process.

One exception is the waiver of the labor certification requirement—the national interest waiver. As mentioned above, the national interest waiver is a special subcategory of EB2 visas for individuals who will work in fields that serve the national interest. Under this category, no job offer and no completed labor certification are required.

Differences:

• Education and experience: One of the main differences between EB2 and EB3 visas is the education and experience required for each category. As mentioned earlier, EB2 is the second-preference employment visa and EB3 is the third-preference employment visa. This means that EB2 visa requirements are stricter. Holders of EB2 visas must have an advanced degree, exceptional ability, or work in the U.S. national interest. These criteria must be demonstrated through past work experience, significant awards, or other evidence. This is a relatively high threshold. In contrast, EB3 visa requirements are less strict. Professionals, skilled workers, and unskilled workers all qualify for this visa. As mentioned above, professionals are individuals with a bachelor's degree or higher (or equivalent). Skilled workers are individuals with two or more years of relevant work experience. Unskilled workers are individuals with less than two years of relevant work experience.

4. Application Process

The application process for each visa is slightly different.

Under both EB2 and EB3 visa categories, the employer must first complete the PERM labor certification process (as described above). Once the employer obtains an approved labor certification, they must submit Form I-140 (Immigrant Petition) to U.S. Citizenship and Immigration Services (USCIS). Finally, the foreign worker seeking an EB2 or EB3 visa must apply for an immigrant visa or, if lawfully residing in the United States, apply for adjustment of status. The processes under EB2 and EB3 visas are very similar.

The main difference is that EB2 visas sometimes do not require PERM labor certification: those with advanced degrees or exceptional ability need PERM labor certification, while EB2 individuals eligible for the national interest waiver (NIW) do not. National interest waiver applicants can skip the PERM labor certification process and file Form I-140 on their own (without employer sponsorship).

In contrast, all EB3 applicants require PERM labor certification.

Another important difference to note is that for some EB3 visas, the recruitment process is slightly less difficult.

Despite these differences, EB2 and EB3 visas always require the submission of Form I-140 (Immigrant Petition) and either an adjustment of status application or an immigrant visa application. This part is almost identical under both categories.

5. Processing Times

Processing time is one of the most notable differences between EB2 and EB3 visas. As mentioned earlier, EB2 visa requirements are stricter than those for EB3. Based on the stricter requirements, EB2 visas have historically had fewer visa backlogs and generally shorter waiting periods. 28.7% of total employment-based green card visas are allocated to each of the EB2 and EB3 visa categories. In addition, no more than 7% of available visas in either category may be allocated to individuals from any single country. Once a country reaches its available visa limit, a backlog and waiting period may form for that country.

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Your country of chargeability is based on your country of birth, not your passport (for example, if you were born in mainland China, later became a British citizen and hold a British passport, your visa priority date for a U.S. green card would still be calculated based on mainland China).

PERM labor certification processing time is typically 6 to 18 months. This is the same for both EB2 and EB3 visas.

The processing time for Form I-140 is typically 6 to 9 months. This is the same for both EB2 and EB3 visas. You may also pay an additional fee for premium processing to expedite the process.

The above steps are not affected by EB2 and EB3 visa quotas. However, once your Form I-140 is submitted, you will receive a priority date. If your priority date is not current, you cannot schedule a visa interview, nor can you apply for adjustment of status.

For applicants born in many countries, there is no waiting time for EB2 visas—except for China and India. In contrast, almost all EB3 visa applicants face a backlog. For nationals of many countries, this will be 1-2 years. For nationals of other countries such as China or India, the wait may exceed 10 years.

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EB2 and EB3 visas share many similarities. Both are pathways to permanent resident status (a green card). However, EB2 and EB3 visas also have many differences. This guide explores some key distinctions, such as priority level, requirements, application process, and processing time.