EB-2/3 | Employment-Based Green Card

EB2 Overview

EB2 includes both the exceptional National Interest Waiver (NIW) and the standard EB2 Labor Certification (PERM) process:

NIW: Does not require a job offer, proof of labor shortage, or employer sponsorship.
Standard EB2: Requires a job offer, proof of labor shortage, and employer sponsorship. The job must require at least a master’s degree or a bachelor’s degree plus five years of work experience.

EB3 Overview

EB3, the third preference category for U.S. employment-based immigration, has the lowest requirements among all five employment-based categories and applies to a broad range of applicants. It includes three subcategories:

Professional Workers: Jobs requiring a bachelor’s degree or higher.
Skilled Workers: Jobs requiring at least two years of training or experience.
Unskilled Workers: Jobs requiring little to no formal training or experience.

EB2/EB3 Visa Numbers

Both EB2 and EB3 have a global annual cap of 40,000 visas. Due to high demand, visa numbers often result in significant backlogs worldwide. Applicants born in China and India face particularly long wait times because of the overwhelming demand from these countries.

EB2/EB3 Processing Speeds

Historically, EB2 has had shorter waiting times compared to EB3. However, in years with fewer EB3 applications, EB3 may occasionally surpass EB2 in processing speed. It is important to note that visa availability is dynamic and updated monthly by the U.S. Department of State. Currently, for applicants born in China, the waiting times for EB2 and EB3 are comparable.

EB2/EB3 Steps

Both EB2 and EB3 follow the same three steps:

PERM Labor Certification: Proof of labor shortage in the U.S. labor market.
I-140 Petition: Immigrant petition filed with USCIS.
I-485 Adjustment of Status (if in the U.S.) or Consular Processing (if outside the U.S.): To obtain a green card.

EB2/EB3 Processing Time

The PERM labor certification and I-140 petition stages can be completed within 1 to 1.5 years. However, the wait time for visa availability (priority date) is unpredictable. Once the priority date becomes current, filing I-485 typically takes an additional 1-2 years for approval.