When pursuing employment-based green cards, understanding the eb1 vs eb2 vs eb3 differences is crucial. The EB2 visa is ideal for professionals holding advanced degrees or exceptional ability, while the EB3 category is more inclusive for skilled workers and professionals with a baccalaureate degree.
The nuances between these categories are vast, and they can significantly impact your journey towards permanent residency in the United States. This guide will help you make a more informed decision about which path to pursue.
1. EB1 Requirements
EB1 visas are tailored for multinational executives and managers with “extraordinary abilities” in their fields. This category is reserved for workers with advanced degrees, as well as those who’ve achieved a high level of prominence within their professions through awards and recognition. In addition to meeting professional credentials, candidates must satisfy a “qualifying relationship” between the sponsoring employer and US company.
To qualify for an EB1 Visa, your sponsoring company must have a qualifying relationship with the US Company and demonstrate that it is a legitimate employer that has or will continue to have substantial business operations in the United States. Additionally, the job must be in an executive or managerial position and offer a salary at least at the prevailing wage for similar positions in your geographic area.
As an additional requirement, the prevailing wage must be determined by the Department of Labor to ensure that there are no qualified US workers available for the role. This can take up to two weeks to complete.
2. EB2 Requirements
Comprehending EB2 requirements is vital for professionals seeking to embark on this employment-based immigration path. This advanced category focuses on specific professional skills, offering a faster path to permanent residency than the more inclusive EB3 route.
Like EB1 and EB3, EB2 candidates must have a valid job offer, but in this case, the position must require an advanced degree or the equivalent of a baccalaureate degree. Additionally, the employer must complete a labor certification, or PERM process, to ensure that there are no qualified U.S. workers available to fill the position at a fair market salary.
For applicants with advanced degrees and exceptional abilities, this visa is a great choice for those looking to fast-track their path to American citizenship. It offers shorter processing times compared to EB3, but it also comes with stringent standards and rigorous scrutiny. Understanding these distinctions can help you decide which route is best for your career and family’s future in the United States.
3. EB3 Requirements
The EB3 visa category is less stringent and opens doors to a broader pool of professionals and workers. Those pursuing this path must prove that their activities promote prosperity, health, or cultural or educational interests of the United States. They must also prove that their work is not temporary and seasonal and that there are no qualified American workers to fill the position. Unlike the EB2 category, those seeking a EB3 visa must have at least a bachelor’s degree in the field of occupation. Work experience cannot substitute for this requirement.
Additionally, a job offer and labor certification (PERM) is required for those seeking an EB3 visa. Additionally, country-specific considerations may impact waiting times for this pathway due to annual quota limitations. Those wishing to self-petition in the EB3 category can also seek a National Interest Waiver (NIW) which allows them to bypass the labor certification and job offer requirements of the PERM process.
4. EB4 Requirements
EB-4 visas are employment-based visas that lead to permanent resident status. They are known as “special immigrants” and they do not see the same backlog that some other visa categories experience. Generally, applicants need to find a nonprofit religious organization in the US that will sponsor them. They also must provide proof of their past work as a religious worker, as well as a letter confirming their position and describing the duties they perform.
Ministers and individuals in religious vocations are eligible through this category, as well as people who intend to pursue full time compensated religious work. They must intend to enter the United States with the sole purpose of carrying on their vocation. Unlike other visa categories, this category does not have an annual cap. Once a visa becomes available, the applicant can choose between adjustment of status or consular processing. Schedule a consultation with one of our immigration lawyers to learn more about your eligibility for an EB-4 visa.