Difference Between EB2 and EB3

The main difference between EB2 and EB3 is that the EB2 visa is primarily designed for individuals with advanced degrees or exceptional ability, while the EB3 visa is geared towards skilled workers, professionals, and other workers with different levels of education and experience.

What is EB2 and What is EB3?

EB2 Visa

The EB2 visa is a second preference employment-based immigrant visa. It is intended for individuals who possess advanced degrees, such as a master’s degree or higher, or those who have exceptional abilities in fields like science, business, or the arts. The applicant must demonstrate that their skills and qualifications are superior to those generally found in their field. The EB2 category typically requires a job offer and labor certification from a U.S. employer, although the specific requirements can vary under the National Interest Waiver (NIW).

EB3 Visa

The EB3 visa is a third preference employment-based immigrant visa. It is less stringent than the EB2 visa and is open to three subcategories: skilled workers, professionals, and other workers. Skilled workers need to have at least two years of job experience or training. Professionals must hold at least a U.S. bachelor’s degree or its foreign equivalent, and other workers include unskilled labor that requires less than two years of training or experience. Like the EB2, the EB3 also generally requires a job offer and labor certification.

Key Differences Between EB2 and EB3

1. Educational Requirements: EB2 applicants need advanced degrees like a master’s or higher, while EB3 applicants can qualify with a bachelor’s degree or even less.
2. Work Experience: EB2 is aimed at individuals with exceptional abilities or advanced expertise, whereas EB3 can include skilled and unskilled workers.
3. Processing Time: EB2 generally enjoys a faster priority date compared to EB3 due to stricter eligibility criteria.
4. National Interest Waiver (NIW): Under EB2, some applicants can bypass the job offer and labor certification requirements through the NIW, an option not available for EB3.
5. Job Offer and Labor Certification: Both visas generally require these, yet the process might be more rigorous for EB2.
6. Annual Caps: Both visa types have annual caps but are divided differently. EB2 shares its cap with EB1, which can affect wait times.
7. Visa Bulletin: Priority dates in the Visa Bulletin often move more quickly for EB2 than for EB3.
8. Skill Level: EB2 is aimed at high-skill levels whereas EB3 encompasses a broader skill range, including unskilled labor.
9. Occupational Focus: EB2 tends to favor fields with advanced scientific, technical, or entrepreneurial expertise compared to the more varied occupations in EB3.

Key Similarities Between EB2 and EB3

1. Employment-Based: Both EB2 and EB3 are employment-based immigrant visas used by U.S. employers to bring qualified foreign workers to the U.S.
2. Immigrant Intent: Both categories allow the visa holders to transition to permanent residency.
3. Job Offer Required: Both categories generally require a job offer from a U.S. employer as a condition for the visa.
4. Labor Certification: Both visas usually necessitate that the employer secures a labor certification from the U.S. Department of Labor, proving the lack of qualified U.S. workers.
5. Family Members: Dependents (spouses and children under 21) can accompany the primary visa holder under both categories.
6. Lawful Permanent Residency Path: Both visas offer a pathway to becoming a Lawful Permanent Resident (Green Card holder) in the United States.
7. Employment Authorization: Both EB2 and EB3 visa holders are eligible to apply for Employment Authorization Documents (EAD) for themselves and their dependents.
8. Travel Authorization: Visa holders can obtain Advance Parole to travel in and out of the U.S. while waiting for their Green Card.

Features of EB2 vs Features of EB3

1. Advanced Degree Requirement: The EB2 visa requires the petitioner to hold an advanced degree such as a master’s or a Ph.D. The EB3 visa, on the other hand, allows entry to those with a bachelor’s degree or less.
2. Exceptional Ability Clause: For EB2, applicants need to demonstrate exceptional ability in their field, making them stand out through awards, publications, or memberships. EB3 does not have a comparable requirement for exceptional ability.
3. Language Requirement: Both EB2 and EB3 generally do not have explicit language requirements. However, proving proficiency in English may benefit the applicant during the process.
4. Labor Certification: Both categories usually need labor certification from the U.S. Department of Labor, but the processing time may differ. EB2 certifications often process quicker because of stricter eligibility.
5. Job Offer: Both categories typically require a valid job offer. However, an EB2 applicant may sometimes self-petition through a National Interest Waiver (NIW), a path not available for EB3 applicants.
6. Backlog and Wait Times: EB3 applicants often experience longer wait times due to higher demand and lower priority in visa allocation compared to EB2 applicants.
7. Documentation: EB2 requires extensive documentation to prove an advanced degree or exceptional ability, whereas EB3 documentation focuses more on job experience and skills.
8. Dependents: Spouses and children (under 21) of both EB2 and EB3 visa holders can accompany the primary visa holder and later petition for Green Cards.