Understanding the distinctions and nuances of the EB1, EB2, and EB3 visa categories is crucial for professionals aiming to establish their careers in the United States. Each category caters to different qualifications and professional achievements.
This guide outlines various categories within the employment-based green card process to help individuals determine the most suitable category for their situation. It is important to note that only your employer can initiate the employment-based green card process.
We will explore the various categories of employment-based green cards and the procedures for obtaining one. The abbreviation EB stands for employment-based, with the number following it indicating your preference in each category. EB-1 is referred to as the first preference employment-based green card.
The EB-2 visa category is designated as the second preference employment-based green card. EB-3 is classified as the third preference employment-based green card. EB1, EB2, and EB3 are three classification categories for employment-based immigration. Let’s explore these visa types in-depth to help you make an informed decision about which one best suits your immigration goals.
The Difference Between EB1, EB2 and EB3 Visa at a Glance, Requirements, Benefits
| Category | Overview | Requirements | Benefits |
| EB-1 | Outstanding talent in science, arts, education, business, or sports | Recognized at a national or international level | Rapid processing; No PERM labor certification required; Allows self-petition |
| EB-2 | Exceptional professionals in business or science | Advanced degree; Distinguished ability in arts, business, or science | Easier criteria than EB-1; No PERM labor certification for EB2 NIW |
| EB-3 | Skilled or professional employment | Permanent job offer; U.S. bachelor’s degree or at least 2 years of experience | More lenient than EB-1 and EB-2 |
EB1 Visa: The Fast Track for Extraordinary Individuals
The EB1 visa category is designed for the elite in their fields. This premier category is split into three subcategories, each targeting a different group of exceptional individuals:
EB1A (Alien of Extraordinary Ability):
Are you at the top of your field in the arts, sciences, education, business, or athletics? If you can demonstrate sustained national or international acclaim without needing a specific job offer, this category might be for you. You must provide evidence such as prestigious awards, significant contributions to your field, leading roles in distinguished organizations, and more.
The EB1 extraordinary ability visa is an employment-based immigration category designated for foreign nationals who have shown exceptional ability in various fields such as sciences, arts, education, business, or athletics.
EB1B (Outstanding Professors and Researchers):
This category recognizes those who have made significant contributions to academia.
You’ll need at least three years of experience in teaching or research and a job offer from a U.S. institution that wants to employ you in a tenure-track position or a comparable research position.
EB1C (Multinational Executives and Managers):
Have you been working as an executive or manager at a company overseas and are now being transferred to a U.S. affiliate? This might be your path. You should have been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and you are seeking to enter the United States to continue service to that firm or organization.
Key Advantage: No PERM labor certification is needed, streamlining the green card process significantly.
EB2 Visa: Advanced Degrees and Exceptional Ability
The EB2 visa is a category of employment-based immigration visa in the United States that is specifically designated for foreign nationals with advanced degrees (Master’s or Ph.D.) or exceptional abilities in the fields of sciences, arts, or business.
The EB2 visa has less stringent requirements compared to the EB1 visa, making it a viable option for individuals seeking employment-based immigration in the United States.
The EB2 visa is a good fit for professionals who hold advanced degrees or have exceptional ability in their fields of science, arts, or business:
Standard EB2 Requirements: This category generally demands a U.S. job offer and the completion of the PERM labor certification. You must demonstrate that your skills are needed in the U.S. and that hiring you will not adversely affect American workers.
EB2 National Interest Waiver (NIW): If your work has substantial merit and national importance, you might qualify to waive the job offer and PERM certification requirements. This is particularly attractive for entrepreneurs, researchers, and others who can demonstrate that their contributions will significantly benefit the U.S.
Consideration: While less stringent than EB1, the EB2 visa still requires substantial proof of your qualifications and the significance of your work.
Applicants for employment-based visas have the option to file EB1 National Interest Waivers (NIW) with the USCIS. There are three types of employment-based visas – EB1, EB2, and EB3.
EB2 visas account for 28.7% of approved employment-based visas. EB3 visas account for 28.7% of approved employment-based visas.
The green card application is typically submitted after USCIS has approved the I-140 petition.
EB3 Visa: Skilled Workers, Professionals, and Other Workers
The EB-3 visa is an employment-based immigration visa in the United States designated for foreign nationals who are skilled workers, professionals with a U.S. bachelor’s degree, or other workers with less than two years of work experience.
The EB3 visa opens opportunities for a broader range of skilled workers, professionals, and other workers:
- Skilled Workers: Your job must require at least two years of training or experience. Permanent, full-time employment and a labor certification are required.
- Professionals: You must possess a U.S. bachelor’s degree or foreign equivalent and be performing work for which qualified workers are not available in the United States.
- Other Workers: This subcategory includes jobs requiring less than two years of training or experience.
Note: The EB3 category typically has longer processing times due to higher demand and lower priority compared to EB1 and EB2.
Application Procedures and Processing Times
The application process varies significantly across these categories:
- EB1 Applicants can self-petition or have their employers petition on their behalf. This category does not require PERM labor certification, which significantly shortens the waiting period.
- EB2 and EB3 Applicants usually need employer sponsorship and must go through the PERM labor certification process unless they qualify for an EB2 NIW.
Processing times can vary. EB1 applications tend to be processed more quickly due to the absence of PERM certification requirements and generally current priority dates. EB2 and EB3 may face longer waits, especially from countries with high demand.
One may be eligible to apply for an EB-1 visa based on extraordinary ability, outstanding professor or researcher status, or evidence of international recognition.
Evidence is necessary to demonstrate your commitment to working in your field of expertise. Applicants are required to submit documentation showing receipt of internationally or nationally recognized awards or prizes for outstanding ability.
Membership in companies requiring exceptional accomplishments must be supported with evidence. Documentation of your presence in a recognized trade publication or professional media outlet, as well as other forms of media.
Please provide documentation of any requests you have received to assess or evaluate the work of others, either independently or as part of a group.
Processing times for adjustment of status may vary up to six months (subject to change). If an applicant wishes to travel while their adjustment of status application is pending, they have the right to obtain an employment authorization document.
The EB-3 visa is for professionals, skilled workers, or other workers. To apply for a third preference employment visa, an approved immigrant petition filed by the employer is required. All workers in the EB-3 category typically need an approved labor certification from the Department of Labor. The subcategories within the EB-3 category include skilled workers, professionals, and unskilled workers or other workers.
Skilled workers apply for jobs requiring 2 years of work experience or training that are not temporary or seasonal in nature. Professionals are in professions requiring a baccalaureate degree from a U.S. university or its foreign equivalent. Unskilled workers apply for jobs needing less than two years of work experience or training. Various processing steps are involved in obtaining employment-based green cards.
Priority Dates for EB1 EB2 EB3
Candidates with exceptional abilities are typically granted awards. To apply for an adjustment of status, after your petition is approved, you can seek lawful permanent resident status if a visa is available. If in the U.S., submit Form I-485, or if outside the U.S., utilize consular processing through the U.S. consulate. The adjustment of status application can be filed concurrently with the I-140 petition or when the priority date is current. Foreign nationals abroad must process their immigrant visa at the U.S. consulate.
The premium processing fee allows for the I-140 petition to be processed within 15 days. The I-485 petition, filed after waiting for the priority date, can take over six months. EB1-C is a green card category for skilled executives and managers.
You can take down this time to 6 months and 15 calendar days by paying a premium processing fee for form I-140.EB-3 green card processing time. Every step involved in the EB-3 green card process and the time it takes to process is briefly discussed below:PERM certification: In this step, you have to wait for six months usually, but if your employer is being audited, then it can take up to 18 months.I-140: It also takes six months if applied via regular, but you can take it down to 15 calendar days.
Waiting for your priority date: It can also take a few months, and it depends on the country where you live.Form I-485: It depends on your service center, and it can also take six months or a bit longer.Final verdict.There are many ways of getting permanent resident status in the U.S., but you have to follow the appropriate path by consulting an immigration attorney.The three green card categories are discussed briefly in this guide.
The adjustment of status application can be submitted concurrently with the I-140 petition, or it can also be filed when the priority date is current.
The premium processing fee allows for a quicker processing time of 15 days for the I-140 petition. Following the priority date wait, the filing of the I-485 petition may take over six months. EB1-C is a green card category for skilled executives and managers.
Once the priority date has been reached, the filing of an I-485 petition may require a waiting period of over six months. The waiting time for your priority date can vary, often taking a few months and is influenced by the country of residence.
The processing times for EB1 applications are typically faster than EB2 and EB3 due to the lack of PERM certification requirements and current priority dates. Some countries with high demand may experience longer waits.
Adjustment of status is typically awarded to individuals with exceptional abilities. To apply, after the approval of your petition, you can apply for lawful permanent resident status if a visa is available. If you are inside the U.S., file Form I-485, or if you are outside the U.S., apply through the U.S. consulate. The adjustment of status application can be filed simultaneously with the I-140 petition or when the priority date becomes current.
Foreign nationals residing in a foreign country must obtain their immigrant visa through the U.S. consulate. Applicants must submit proof of receiving internationally or nationally recognized awards or prizes for exceptional ability.
Extraordinary Ability requirement
Individuals who possess an extraordinary ability, are outstanding professors or researchers, or can demonstrate international recognition may be eligible to apply for an EB-1 visa.
The EB-1 visa green card has specific requirements that must be met in order to qualify for each category. These categories include demonstrating extraordinary ability in the arts, science, education, athletics, or business through internationally recognized prizes or sustained international or national acclaim.
Conclusion
Choosing the right visa category is a strategic decision that can significantly impact your career and your transition to life in the U.S. Consider your qualifications, career goals, and the specific requirements of each visa type. Consulting with an immigration attorney can also provide personalized guidance tailored to your situation.
For more such information and assistance, reach out to us at http://www.h1bvisajobs.com.
Frequently Asked Question about EB1, EB2, and EB3 Visas
Can you file EB-1 and EB-2 at the same time?
Yes, it is possible to apply for both EB-1 and EB-2 visas concurrently as long as you satisfy the criteria for both. Immigration laws do not prevent applicants from pursuing multiple visa categories at the same time.
What are the advantages of EB-1 over EB-2?
A significant advantage of the EB-1 category is its independence from job offers; applicants can self-petition. This flexibility is a considerable benefit for those who qualify, allowing them to initiate their immigration process without needing an employer’s sponsorship.
How do I know if I am EB-2 or EB-3?
Determining whether you qualify for EB-2 or EB-3 hinges on the educational and professional requirements of the job you are applying for. EB-2 is appropriate for positions that demand an advanced degree or for individuals with exceptional abilities in their field. In contrast, EB-3 is suitable for roles that require at least a bachelor’s degree or its equivalent.
Which EB visa is best?
The EB-1 visa is often seen as the most advantageous due to its generally current priority dates and the exemption from the PERM labor certification requirement. This status can expedite the green card process considerably, making it a preferred choice for those who meet the stringent eligibility criteria.
Does EB2 need PERM?
Yes, the EB-2 visa typically requires PERM certification, which involves an employer proving that there are no suitable U.S. workers for the position. However, this requirement can be waived if the applicant receives a National Interest Waiver (NIW).
How many EB-1 visas are available each year?
Annually, approximately 40,000 EB-1 visas are issued, divided among its three subcategories: EB-1A, EB-1B, and EB-1C. Holders of this visa enjoy several privileges, including the freedom to live and work permanently in the U.S., travel internationally, and potentially pursue U.S. citizenship.