I’ve heard a lot about employment-based green card categories. What is the difference between EB-2 and EB-3?

The EB-2 category is for professionals holding a Master’s or higher degree or the equivalent.  The equivalent means a Bachelor’s degree + 5 years of progressive experience following that degree in the person’s field.  Experience is progressive if the job duties and responsibilities increase over time. 

To qualify for EB-2, the position for which the person is being sponsored must require an advanced degree or the equivalent and the person must have earned that degree (or the comparable education and experience stated above).  

Included in the EB-2 category are Schedule A occupations and National Interest Waiver (NIW) petitions.  Schedule A occupations are jobs determined by the Department of Labor (DOL) to be in short supply.  These include physical therapists, nurses, persons of exceptional ability in the sciences or arts and university teachers. 

NIW’s are for individuals who can demonstrate that their proposed position is in a field of national interest and their unique skills are of intrinsic benefit to the U.S.  Generally, the EB-2 category requires the employer to test the labor market for qualified U.S. workers before filing a green card petition.  This is not required for Schedule A and National Interest Waiver petitions.     

The EB-3 category covers three types of individuals: (1) professionals with a Bachelor’s degree and fewer than 5 years of post-Bachelor’s experience; (2) skilled workers with at least 2 years of training or experience (includes Associate degrees and other post-high school education); and (3) other workers with less than 2 years of training and experience.  Testing the labor market is required for all of these categories. 

The EB-2 category has a much shorter wait for getting an actual green card than the EB-3 category, so it’s the preferred option, if available.  Please contact our immigration law firm if you have any questions about the employment-based green card categories.

Tags: advanced degree, EB-2, EB-3, employment-based green card
Posted in FAQ Employment-Based Green Card | Read More »