Posts Tagged ‘EB-3’
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 »
When is it okay to change to a new employer during my employment-based green card process?
A person with a pending employment-based green card petition may change to a new employer once his/her I-140 immigrant petition is approved and the I-485 green card application has been pending 180 days or more. The individual must take a position with the new employer that is the same or similar to the position for which the green card petition was filed. If these elements are met, the green card petition can remain active and pending through the new employer.
The new employer and employee may choose to notify the immigration service of this change. Please note that if the I-140 immigrant petition is withdrawn before 180 days or the immigration service denies or revokes the I-140 approval at any time, the employment-based green card process will most likely result in a denial. Please contact our immigration law office if you have questions about your employment options during the green card process.
Tags: change employer, EB-2, EB-3, employment-based, green card, immigrant petition, permanent resident petition
Posted in FAQ Employment-Based Green Card, Immigrant Visas | Read More »
