Understanding the EB-2 and EB-3 Visas

The EB-2 and EB-3 visas are employment-based immigrant visas that allow skilled professionals and workers to gain permanent residency in the United States. Both visas cater to individuals with specific qualifications and job offers, but they differ in terms of the level of education and experience required.

EB-2 Visa: Advanced Degree and Exceptional Ability

Qualifications for EB-2 Visa:

1. Advanced Degree Professionals:

• The applicant must hold an advanced degree (master's degree or higher) or a bachelor's degree plus five years of progressive work experience in the field.

• Evidence of the advanced degree and work experience is required.

1. Exceptional Ability:

• The applicant must demonstrate exceptional ability in the sciences, arts, or business.

• Exceptional ability means a degree of expertise significantly above that ordinarily encountered.

• Evidence may include letters of recommendation, memberships in professional associations, official academic records, and other documentation of the individual's skills and contributions to the field.
  

Process for EB-2 Visa:

1. Labor Certification (PERM):

• The U.S. employer must obtain a labor certification from the Department of Labor (DOL), showing there are no qualified U.S. workers available for the position.

• The process includes job postings and recruitment efforts to demonstrate the need for a foreign worker.

1. Form I-140:

• The U.S. employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the applicant.

• Documentation of the applicant's qualifications and the labor certification is included.

1. Adjustment of Status or Consular Processing:

• Once the I-140 is approved, the applicant can apply for adjustment of status (if in the U.S.) or consular processing (if outside the U.S.).

• Form I-485 is filed for adjustment of status, or the applicant attends an interview at a U.S. consulate for consular processing.
  

EB-3 Visa: Skilled Workers, Professionals, and Other Workers

Qualifications for EB-3 Visa:

1. Skilled Workers:

• The applicant must have at least two years of job experience, education, or training that meets the job requirements specified in the labor certification.

• Evidence of the required experience and skills is necessary.

1. Professionals:

• The applicant must hold a U.S. bachelor's degree or its foreign equivalent.

• The position must require at least a bachelor's degree as the minimum entry-level requirement.

1. Other Workers:

• The applicant must be capable of performing unskilled labor (requiring less than two years of training or experience) that is not temporary or seasonal.

• The U.S. employer must prove the unavailability of qualified U.S. workers for the position.
  

Process for EB-3 Visa:

1. Labor Certification (PERM):

• Similar to the EB-2 process, the U.S. employer must obtain a labor certification from the Department of Labor.

1. Form I-140:

• The U.S. employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the applicant.

• Documentation of the applicant's qualifications and the labor certification is included.

1. Adjustment of Status or Consular Processing:

• Once the I-140 is approved, the applicant can apply for adjustment of status or consular processing.

• Form I-485 is filed for adjustment of status, or the applicant attends an interview at a U.S. consulate for consular processing.