EB-2 and EB-3 Green Card Categories

EB-2 or Employment-Based 2nd Preference Green Card Category is usually available for those with:

  1. EB-2(a) Advanced Degree or its equivalent (at least Master’s Degree or above);
  2. EB-2(b) Exceptional Ability in sciences, arts, or business; and
  3. EB-2(c) National Interest Waiver.

EB-3 or Employment-Based 3rd Preference Green Card Category is intended for those skilled workers, professionals, and others:

  1. EB-3(a) Skilled Workers with at least 2 years of experience or related training;
  2. EB-3(b) Professionals with at least Bachelor’s Degree; and
  3. EB-3(c) Unskilled/Other Workers (but not for temporary or seasonal positions).

Unlike EB-1 category, most EB-2 and EB-3 options do require Sponsorship by a U.S. employer and Labor Certification (PERM) process. The only types of Green Card petition that allow self-petition and do not require Labor Certification or U.S. employer sponsorship are EB-1(a) Aliens with Extraordinary Ability and EB-2(c) National Interest Waiver.

Labor Certification Process

Most Employer-sponsored EB-2 and EB-3 Green Card requires the following steps:

  1. Filing Labor Certification with Department of Labor
  2. Filing of I-140 Immigrant Petition for Alien Worker with USCIS
  3. Filing of I-485 Application for Permanent Residence with USCIS or go through Consular Processing at U.S. Consulate abroad.

The Labor Certification process requires filing prevailing wage determination and recruitment (testing the US market) process by posting advertisements on newspapers and state workforce agencies. An Immigration Attorney would have to closely work with the company’s supervisors and HR personnel in order to monitor each step within the regulated timeline.

If you would like to understand your Green Card options and see which one is best for your particular situation, please contact our office to set up a consultation with our Immigration Lawyer.