EB-2 vs EB-3 Employment-Based Green Cards: Key Differences Explained
Understanding EB-2 and EB-3 Green Cards
The EB-2 and EB-3 visa categories are among the most common employment-based green cards issued by the United States Citizenship and Immigration Services (USCIS). These visas allow foreign nationals with specialized degrees, skills, or work experience to live and work permanently in the U.S. The right category for you depends on your academic background, career experience, and even your country of origin.
If you are weighing the choice between EB-2 vs EB-3, it is important to understand their distinctions and how each pathway can impact your green card process.
A Quick Background on EB-2 and EB-3
EB-2 and EB-3 green cards were created through the Immigration Act of 1990, which significantly expanded the number of immigrants eligible for permanent residency in the United States. Before the Act, the yearly cap for immigrant visas was just 54,000. Afterward, the number rose to 140,000, with specific allocations for employment-based categories.
The U.S. prioritizes applicants who can contribute to its economy and society, often requiring candidates to demonstrate exceptional ability or to be sponsored by a U.S. employer. These categories cover professionals such as researchers, engineers, managers, and other individuals with specialized skills.
It is worth noting that EB-2 I-140 petitions consistently achieve high approval rates—often between 83% and 96%. At Green Card Link, its immigration attorneys have extensive experience guiding clients through this process, helping many achieve successful approvals.
EB-2 vs EB-3: Main Employment Differences
The primary distinction between EB-2 and EB-3 lies in eligibility requirements and flexibility.
- EB-2 visas generally require an advanced degree (master’s or doctorate). However, a bachelor’s degree plus at least five years of progressive work experience in the field may also qualify.
- EB-3 visas have more relaxed standards. They are available to applicants with at least a bachelor’s degree and, in some cases, only two years of work experience. Because the bar is lower, more people qualify—but wait times are usually longer.
EB-3 Subcategories Explained
The EB-3 category is divided into three subcategories:
- EB-3A – Skilled Workers: Individuals with at least two years of training or job experience (not temporary or seasonal).
- EB-3B – Professionals: Workers holding at least a U.S. bachelor’s degree (or foreign equivalent) and membership in a recognized profession.
- EB-3C – Other Workers: Employees performing unskilled labor requiring less than two years of training or experience, provided the role is not seasonal.
While some candidates may qualify without all these requirements, competition is strong, and those with higher education and experience often have an advantage.
The Five Employment-Based Green Card Categories
In addition to EB-2 and EB-3, there are three other employment-based green card categories:
- EB-1 – Priority Workers: Reserved for individuals with extraordinary achievements, such as Nobel Prize winners, world-renowned researchers, or Olympic athletes. A job offer is not required.
- EB-2 – Advanced Degree Professionals: Requires a U.S. employer job offer and proof of advanced skills or exceptional ability.
- EB-3 – Skilled and Professional Workers: More lenient but often subject to longer backlogs.
- EB-4 – Religious and Special Workers: Includes religious workers, certain physicians, international employees of the U.S. government, and others.
- EB-5 – Investors: For those investing $1 million (or $900,000 in targeted employment areas) in a U.S. business and creating at least 10 jobs.
Employer Sponsorship and PERM Process
For both EB-2 and EB-3 applicants, employer sponsorship plays a crucial role. Employers must complete several steps:
- Recruitment Advertising: Post the job in a local newspaper for at least two Sundays, plus three other recruitment channels.
- State Workforce Agency Posting: Advertise the job at the state level.
- Document Recruitment: Keep thorough records of applicants, efforts made to contact them, and proof of fair hiring practices.
- Labor Certification (PERM): File with the Department of Labor to prove the company can pay the prevailing wage and is not displacing U.S. workers.
- Visa Petition: Once PERM is approved, the employer files the I-140 petition with USCIS.
EB-2 and EB-3 Processing Time
Processing times vary, and backlogs can create long delays. Premium processing is available for I-140 petitions at an additional cost of $2,805, reducing USCIS’s review time to just 15 calendar days. However, priority date backlogs may still result in lengthy waits for visa availability.
Priority Dates and Visa Bulletin
Your priority date is established once USCIS receives your I-140 petition. Because annual visa numbers are limited, backlogs often form. Each month, the Department of State issues the Visa Bulletin, which shows the “final action dates” by category and country of origin. When your priority date becomes current, you can move forward with filing your I-485 adjustment of status application.
Porting from EB-3 to EB-2
Given the shorter wait times for EB-2 visas, many applicants seek to “port” their EB-3 priority date into the EB-2 category. This requires:
- A job offer in a role significantly more complex than the EB-3 position.
- An advanced degree or at least five additional years of experience beyond a bachelor’s degree.
- A new PERM Labor Certification and I-140 petition filed by the employer.
Because this process can be complex and time-sensitive, working with an experienced immigration attorney at Green Card Link is strongly recommended.
Final Considerations
Choosing between EB-2 and EB-3 depends on your education, work experience, and long-term career goals. An accurate evaluation of your background is critical to determining eligibility.
At Green Card Link, its immigration attorneys provide detailed case evaluations, guide clients through the PERM and I-140 process, and help position applicants for the best possible outcome. Whether you are applying for EB-2, EB-3, or seeking to port between categories, professional legal support can make all the difference.