This means that a family member, as opposed to an employer, would sponsor your green card application. My team and I would be happy to help you figure out which green card avenue is most appropriate for you. Another difference between the EB2 and the EB3 visa has to do with the requirements. As previously mentioned, the requirements for the EB2 visa and EB3 visa has similarities and differences. Under both visas, you must have an offer of employment from a US employer.
Additionally, the US employer must be willing to sponsor you. The one exception here is if you are applying under the National Interest Waiver category under the EB2 visa. The National Interest Waiver is a special sub-category of the EB2 visa for people that will be working in a field that is in the national interest. In this case, you may be eligible to self-petition. This means that you can apply for the EB2 visa without an employer sponsoring you.
Department of Labor. Basically, what this means is that the employer must show that they tried to hire a qualified U. This process is also referred to as the PERM process. One exception to the requirement of getting an approved labor certification is the national interest waiver. As mentioned above, the national interest waiver is a special subcategory of the EB2 visa, available to people who will be working in a field that is in the national interest. Under this category a job offer and a completed labor certification are not required.
One of the main differences between the EB2 and EB3 visa has to do with the education and experience required to qualify under each cateogry. As previously mentioned, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa.
This means that the requirements for the EB2 visa are more strict. The EB2 visa category holders must hold advanced degrees, have exceptional ability, or benefit the national interest of the United States. These standards must be shown through past work experience, significant awards, or other evidence. These are relatively high bars to meet. On the other hand, the EB3 visa has less strict requirements.
People who are professionals, skilled workers, and unskilled workers are eligible for this visa. Many more people are eligible within the EB3 visa category. Lastly, the foreign worker seeking the EB2 or EB3 visa must then apply for an immigrant visa or apply for an adjustment of status if they are lawfully present inside the United States. The process is very similar under the EB2 and EB3 visa. Those with advanced degrees or exceptional ability must have a PERM labor certification.
National interest waiver applicants can skip the PERM labor certification process and apply for their own I without having an employer sponsor. Another important difference to note is that the job recruitment process is slightly less difficult for some EB3 visas than it is for EB2 visas. Despite the differences, the EB2 and EB3 visas will always the filing of an I immigrant petition and either an adjustment of status or application for immigrant visa.
This portion will work almost identically under both categories. The processing time is one of the most significant differences between the EB2 visa and EB3 visa. As previously mentioned, the EB2 visa has stricter requirements than the EB3 visa. Based on the more strict requirements, the EB2 visa has historically had less of a visa backlog. A visa backlog is a situation where the demand for a particular visa is higher than the available supply of that visa.
Based on the increased demand, there is a waiting period. When this happens, there is a backlog. This can be a confusing concept to understand. If you have any questions, please message us as we would be happy to explain in more detail. Regarding visa backlogs, please note that Once a particular country has reached its limit of available visas, a backlog can form for that country. The country you are counted within is based on the country you were born in this is also referred to as your country of chargeability.
The above-mentioned steps are not influenced by the quotas on EB2 and EB3 visas. However, once your Form I is filed, you will receive a priority date. You cannot schedule your visa interview until this date becomes current on the visa bulletin. Nor can you apply for an adjustment of status until that time as well. In many cases, the priority date is current.
This means that there is no backlog. However, as we discussed, there are many countries that are subject to a backlog. Overview Careers. Results may vary depending on your particular facts and legal circumstances. Contact Us Today Type your message here: Note: Messages sent using this form are not considered private. Avoid sending highly confidential or private information via email. Immigration Law Attorneys If you should have any questions or need more information about the ways in which the U.
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It includes possible indicators of the employment-based EB preference category assigned to particular I immigrant petitions to help in understanding your situation. In a green card case based on a labor certification, there are two possible category options: EB2 and EB3. As many of our readers know, however, the difference between these two preference categories is significant — as well as the processing times, in most situations. This application is filed with the U. Department of Labor DOL.
However, the selection and assignment of a preference classification occurs during the second stage, which is the I immigrant petition.
The I is filed with the U. In accordance with this, the applicant must be able to demonstrate they possess these requirements as of the date of filing. During the I petition adjudication, USCIS will make their final decision if the case fits within the requested category. Learn more about form I at:.
How to Fill Out I Form. The EB-2 classification includes different alien categories. EB-2 Visa Requirements. It is important to note that EB-3 classification includes skilled workers, professionals and other worker subcategories.
Learn more about EB-3 requirements at:. EB-3 Visa Requirements. This important information can be found on the I receipt notices and approval notices.
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