EB2 vs EB3: The Right Option for You

By Michael Ashoori, Esq. U.S. Immigration Lawyer

The EB2 visa and EB3 visa have many similarities. Both result in permanent residency (a green card) and are reserved for those who will contribute as future U.S. workers. However, they also have many differences. This guide will help explain some of the key differences.

Overview:

1. Overview of EB2 and EB3 visas

2. Second vs third preference

3. Requirements

4. Application Process

5. Processing Time

6. Conclusion

1. Overview of EB2 and EB3 Visas

The EB2 and EB3 visas are both employment-based immigrant visas. This means that, in most cases, a US employer is required to sponsor you. Additionally, there cannot be any other qualified and willing American workers for the job.

Both of these visas give you permanent resident status in the United States (a green card). As a permanent resident, you have many benefits including the following:

Ability to live and work in the United States

Easier ability to enter and exit the United States

Ability to sponsor your family members for immigration benefits

As a permanent resident, you are on the path to U.S. Citizenship

Ability to go to school in the United States

Both visas have many benefits and may be useful for you. However, it is important that you understand the differences. This will enable you to determine which visa is most appropriate for your situation.

The EB2 visa is the second-preference employment visa. This visa is available to people with advanced degrees and/or exceptional ability. Advanced degrees are master’s degrees or higher (or the foreign equivalent). A person with a bachelor’s (or equivalent) and five years of work may also be eligible for an EB2 visa. Exceptional ability is anyone with heightened ability in their respective field. This can be shown through awards, work experience, or with other evidence. The EB2 visa is also available to people who will work in the national interest of the United States. This could include healthcare professionals who will work in under-resourced areas.

The EB3 visa is the third-preference employment visa. This visa is open to professionals, skilled workers, and unskilled workers. Professionals are people with bachelor’s degrees or higher (or the foreign equivalent). Skilled workers are people with 2 or more years of relevant work experience. Unskilled workers are people with less than 2 years of relevant work experience.

More information about the EB2 and EB3 visas can be found on our website. Additionally, my team and I would be happy to answer any questions you have about either. We would also be happy to assist you with your EB2 or EB3 visa case.

While there are several similarities in these types of visas and the application process, there are some key differences. The following sections will explain some of them.

2. Second Preference vs Third Preference

The first key difference between the EB2 and the EB3 visa is their preference categories. Both are employment-based visas. However, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa. This means that EB2 visas are slightly preferred over EB3 visas.

EB2 visas make up 28.7% of approved employment-based visas. Additionally, if there is more supply than demand for EB1 visas, the EB2 visa can fill the remainder of the spots allocated for EB1 visas.

EB3 visas also make up 28.7% of approved employment-based visas. Additionally, if there is more supply than demand for EB1 + EB2 visas, they can fill the remainder of those allocated spots. However, the EB3 category is not eligible for any of these “spillover” spots if there are any EB1 or EB2 visas ahead of them.

EB2 visas are of a higher preference, which means the standards to obtain this category are more strict. If you qualify for both the EB2 and EB3 visa, it may be better to apply for one over the other. You should discuss with a qualified immigration lawyer, what would be the best visa to choose based on your unique circumstances. For example, the country you were born in may be a very important consideration, as this can impact your wait time.

In addition to the EB2 and EB3 visa, there are a couple of other types of employment-based green cards. The EB1 visa is for priority workers. It has the highest set of requirements, and only a select few people will qualify. The EB4 and EB5 visas are only for specific workers. Thus, the EB2 and EB3 visas are the most commonly utilized. Additionally, there are also family-based green cards. 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.

3. Requirements

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.

Similarities

US Employer Sponsor

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.

Labor Certification

Under both the EB2 and the EB3 visa, the employer sponsor must get an approved Labor Certification from the U.S. Department of Labor. Basically, what this means is that the employer must show that they tried to hire a qualified U.S. worker, but they were unable to do so successfully. 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.

Differences

Education and Experience

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. As mentioned above, professionals are people with bachelor’s degrees or higher (or the foreign equivalent). Skilled workers are people with 2 or more years of relevant work experience. Unskilled workers are people with less than 2 years of relevant work experience.

Many more people are eligible within the EB3 visa category. My team and I can help you determine if the EB2 or EB3 visa is more appropriate for you.

4. Application Process

The application process for each visa can be slightly different.

Under both the EB2 and the EB3 visa, the employer must first go through the PERM Labor Certification process (which we discussed above). Once the employer receives the approved labor certification, they must file a Form I-140 (immigrant petition) with USCIS. 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.

The main difference is that the EB2 visa only sometimes requires the PERM labor certification. Those with advanced degrees or exceptional ability must have a PERM labor certification. However, as we mentioned, those who qualify for the National Interest Waiver do not require a PERM labor certification. National interest waiver applicants can skip the PERM labor certification process and apply for their own I-140 (without having an employer sponsor).

On the other hand, all EB3 applicants will require the PERM labor certification.

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-140 (immigrant petition) and either an adjustment of status or application for immigrant visa. This portion will work almost identically under both categories.

5. Processing Time

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.

Some Information on Visa Backlogs

Regarding visa backlogs, please note that 28.7% of total employment-based green card visas are allocated for the EB2 and the EB3 visa categories respectively. Additionally, no more than 7% of the available visas in either category can be allocated to people from one country. 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).

EB2 and EB3 Processing Times

The processing time for the PERM labor certification is usually 6 to 18 months. This is the same for both the EB2 and EB3 visas.

The processing time for the Form I-140 is usually around 6 to 9 months. This is also the same for EB2 and EB3 visas. It is also possible to pay extra for premium processing to expedite this process.

The above-mentioned steps are not influenced by the quotas on EB2 and EB3 visas. However, once your Form I-140 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.

You can check the visa bulletin page here to current priority dates.

Many people will not have a wait for the EB2 visa (depending on their country of birth).

On the other hand, there is a backlog for almost all applicants for the EB3 visa. For nationals of many countries, this will be around 1-2 years. For nationals of other countries, such as China or India, wait times can be over 10 years.

The huge discrepancy in processing times between these 2 visa categories means that you should carefully analyze which category has a faster based on your country of birth.

For more information about backlog waiting times, you can look at the State Department website’s visa bulletin page. Additionally, my team and I would be happy to provide an analysis for your specific case.

6. Conclusion

The EB2 visa and EB3 visa have many similarities. Both categories are avenues to permanent residency (a green card). However, the EB2 visa and EB3 visa also have many differences. This guide examined some of the key differences such as the preference order, the requirements, the application process, and the processing time. You should now have a much stronger understanding of the differences between the EB2 and EB3 visas.

If you have any questions about the information in this guide or about either of these visas in general, please feel free to email me directly. I can be contacted at Michael@AshooriLaw.com. I am very responsive via email and I would be happy to help you.

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Posted in Immigration Guides, EB2 National Interest Waiver, EB2 Visa, EB3 Visa, National Interest Waiver

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Michael and his team are phenomenal, their set up regarding information is an easy step by step guide. We worked with a lady named Rebecca, she was always available when we needed her, answered all our questions when we weren't sure, and definitely... took the stress out of filling an application, this is the second time we have used Ashoori lawyers and will defiantly continue using them in the future.read more

Mathew Emanuele

23:51 26 Dec 22

My wife and I used Ashoori Law Services for our E2 Visa Application and were very happy with their work. Michael's team was very professional and the entire process was incredibly efficient. We loved how they had an online portal set up to receive... all the necessary documents they required. It simplified the process and cut out any guesswork. We followed their direction step by step and if there were any questions they were answered quickly. Elaine did a fantastic job putting our business plan together and Rebecca was our lawyer, who was highly attentive. We would definitely recommend using Ashoori law!read more

Syeda Nikhat Fatima Jafri

16:29 20 Dec 22

Ashoori law worked really fast. I’ve already had received my green card in an year of submission. They made the process very easy and gave us confidence that things will be done correctly. And they also kept us up to date with email and the online... tracking along the way.Thanks to Michael,Milena Manukyan and Carlito Romero (an ex worker) in the firm.read more

Matteo DP

21:42 14 Dec 22

it's a pleasure working with them Matthew in particular has been very supportive and available during the process

Sofiane Chtioui

14:54 14 Dec 22

I strongly recommend AshooriLaw for all your US immigration needs!I am from Canada and AshooriLaw was instrumental in helping me and my wife in obtaining our E2 visa. From the first discovery call to preparing for the visa interview in the Toronto... US consulate, the AshooriLaw team provided valuable guidance and outstanding support all along and made sure we submit a strong application that was approved with hardly any questions!Prior to starting the process, I talked to a couple of immigration attorneys and read about some bad experiences which made me worry about the kind of service I will get. Now let me tell you that the immigration attorney makes all the difference and choosing the right one will be key to the success of your endeavor!I had a very positive experience with AshooriLaw from the start and was impressed by the professionalism, the well organized workflow and the timely and friendly interaction. On top of that, I paid reasonable fees compared to other firms out there! I will definitely call AshooriLaw for any future US immigration needs and I recommend you give them a try!Thank you Lahaina, Christina, Rohit, Elaine, Melissa and Michael for your service!read more

Brandon Kim

09:12 14 Dec 22

Utilizing the services of Ashoori Law has been a pleasure and an outstanding experience. I highly recommend Ashoori Law to anyone who needs immigration assistance. With the help of Ashoori Law my spouse and I were able to get our immigration... documents seamlessly and without no issues. Ashoori Law is very customer oriented and from Day 1 is always available for you if you have any questions or concerns. Going forward, my spouse and I definitely plan to use Ashoori Law for future immigration services.read more

Eyad Alfawaeer

06:13 14 Dec 22

Attorney Lahaina and her legal assistant Christina as well as all Ashoori Law team are really awesome, they helped me in a very professional manner with a very quick and positive outcome, Highly recommend.You will be in very good hands. They were... responsive, knowledgable, helpful, and truly cared about helping me in renew my E2 visa.read more

Linda Bradley

04:04 14 Dec 22

Very happy with your services 🙏🏻🙏🏻🙏🏻Very good at their work and they explain very well so that you have patience in the waiting processes

Leva Eghbali

20:50 06 Dec 22

Ashoori Law helped get us an E2 visa. They were a dream to work with. They had a whole team who would take care of various aspects of our application and guided us every step of the way. We were on a time crunch and they got everything done on time... for us despite the rush and were so kind and patient through it all. We are so happy we found a great firm to continue working with in the future and can be sure of a great outcome and complete professionalism.read more

Molly Hagman

05:29 24 Nov 22

Ashoori Law helped me with the renewal of my O1-visa and the whole process was taken care of in an exceptional way. Everything from the onboarding consultation call to the process of collecting all documents, writing the petition, and sending in,... all taken care of in a timely manner. I will definitely recommend Ashoori Law and come back for future representation.read more

Anatolii Makarov

03:38 24 Nov 22

Hi, few day ago I got approve for my EB2 NIW case. I want to say big thanks to Ashoori Law firm, especially Michael and Christina. All steps was clear and they took care all of my questions and concerns. They did all work highly professional and now... I see all decisions was made right and by the time. I really appreciate for your work from first call to approval.read more

Glen Robinson

02:08 23 Nov 22

Fast and efficient lawyer

akbar pirani

15:22 22 Nov 22

The most genuine people out there ! I was super impressed with thier honesty .Special thanks to Ms Lindsey ..We need people like you in this world !Best wishes to Ashoori Law.

Sam Bourgi

00:58 22 Nov 22

I discovered Ashoori Law after doing research on U.S. visa and immigration programs for Canadians. I came across Michael Ashoori’s YouTube channel, which, in retrospect, has the best explainer videos for U.S. immigration on the internet. After... watching his videos for a few weeks, I set up a consultation with Ashoori Law and was immediately connected with attorneys Ehsan Mehri and Lorianne Cercenia.I came into this fairly knowledgeable about the U.S. immigration system and what program I wanted to pursue. After reviewing my situation during the initial consultation phase, Ehsan explained what programs I’m eligible for as a Canadian. Lorianne was assigned my case and got to know my unique situation. She then recommended a visa option I had no clue existed – and it saved me a lot of time, money and headaches.Over the next few months, Lorianne collected my documents, prepared my application and helped me build a strong case for my visa. She was always extremely responsive and knowledgeable about the immigration system. When I attended my interview at the U.S. consulate, my application was quickly approved. That’s because I was prepared for everything, and my supporting documentation was iron-clad.I can’t speak highly enough about Ashoori Law. They took the time to get to know me and gave me a solution that matches my current set of circumstances. Their customer service is unmatched, and their knowledge of the immigration system is top-notch. I was reassured from the very beginning that my application was in good hands.Overall, I’m extremely satisfied with the whole process. I got exactly what I wanted. I’ll be working with Ashoori Law for all my immigration needs moving forward. Thank you, Lorianne and team!read more

Oubai Al Hendi

18:34 20 Nov 22

Ashoori Law had helped me with my O1 application. I cannot thank Michael, Jonathan and Ehsan enough for their real and genuine advisory and assistance all the way from the first contact till approval. The approval that I could have in a record time... of 2 days after submission due to my profile and their work to show it in the right way to the officer. I highly recommend them for O1 tech startups applicants.read more

leena Alhelo

01:51 15 Nov 22

Great to work with! They explain everything in detail and made the process very easy and fast. highly recommended

Kay Qiao

20:27 08 Nov 22

Very efficient, very professional, very responsive. Can't be more appreciated with their dedicated team work. Thank you so much!!

Shane Teelucksingh

19:26 07 Nov 22

Researched quite a bit before eventually selecting Ashoori Law as my attorney partners and I'm happy that I did . They are responsive, helpful and guide you through the entire process. I had many questions, and they had the answers and all... challenges were quickly addressed. Lahaina led my particular journey and provided quick feedback all along the way. They have a competent team and their portal makes submitting documentation really simple while allowing you to review where you are in the process, which I personally found extremely useful. A very good blend of technology and proficiency. Would definitely recommend.read more

Shamzil Ramiz

07:57 07 Nov 22

Excellent response..

Sanket Shah

00:29 04 Nov 22

Ashoori law is a Fantastic law firm, They are very Professional and Knowledgeable specially Attorney : Lahaina Araneta. As soon as I signed on they got to work right away to start gethering all Details. Anytime I had questions Lahaina Araneta is... ready to give me quick Answer. I felt our case was in good hands. The team is very responsive and knowledgeable, and they work hard to keep up to date with all the latest changes in immigration law.Definitely we will use them Service again in Future.Highly recommend.read more

Krishna Mukkera

23:30 31 Oct 22

Provided excellent support/guidance on the I-90 renewal application. Strongly recommend them.

Fari Hamid

10:03 29 Oct 22

My family and I hired Ashore Law to consult with, and to handle our immigration case whilst our migration from Pakistan to the USA. Ashore Law proved to be completely professional, functional and delivered services without any problems or... complications arising throughout our process. Their staff is indeed highly trained, extremely courteous and thoroughly professional. Ashore Law represented our case, on our behalf, and they delivered what they promised. Our applications for US immigration (E2) made through Ashore Law were handled very well throughout the process, and my family and I faced no difficulties whatsoever. I would definitely highly recommend Ashore Law for E2 consultancy services any day!read more

Copier clearance center

22:04 28 Oct 22

Michael Ashoori from the Ashoori Law firm has changed our family's life! We were here in the USA on a E2 non immigration Visa and thought we would be stuck with the E2 visa with no chance of immigration! When we contacted Michael and told him our... situation, he listened and started a game plan for us right away with an EB5 immigration Visa, Today we checked USCIS website for case update and we were thrilled when we saw our case approval notice. WOW LIFE CHANGING!!! We definitely recommend Ashoori Law firm for all your immigration services.read more

Kalubi Fwanyanga

19:44 28 Oct 22

I retained Michael and team to help ease the process of filing and also just guide us so we do don’t experience any hurdles and sure enough, when submitting the paperwork, me and hubby forgot to append our signatures on one of the forms and Michael... and team immediately noticed before the forms were sent, the process went as smooth as it can be and guess what, after 3 months submitting the documents to uscis, I received my work permit and SSC and after 10 months into the processing period, we received my parole approve notice and a date for our interview appointment! To add a cherry to the cake, the team has availed itself for any questions and guidance to thoroughly prepare us for the interview! What higher manner of professionalism can be exhibited above this! The team is fully engaged and we are grateful.read more

Aidana Ibraeva

17:07 27 Oct 22

I don’t often write reviews, but in this case I just don’t want to miss the opportunity to write about these people who are really professionals and know their business very well.If you’re still doubting whether or not you should choose them, I... can assure you that you won’t be left disappointed.read more

SangJo Kang

22:57 26 Oct 22

Me and my wife applied for green card through Ashoori Law last December and our case were approved this October. I was in J-1 visa and applied NIW case. They really helped us out from the beginning, especially helping me writing the recommendation... letters. It seemed like their law firm had a lot of people who were very experienced and they answered all the questions that I had. They even had a backup strategy for me if my case was not approved after my visa was expired. I really appreciate all their hard work and kindness and I highly recommend others if they are seeking immigration to the US. I would definitely contact them when I need help for my immigration status.read more

alinafe joshua

18:38 26 Oct 22

Thank you so much! I can't tell you how much I appreciate the amazing legal work you did on my behalf. You and your team are so understanding, helpful and fast in doing things I recommend anyone who needs help to not hesitate but to contact you ASAP.

arshad mohammed

07:50 25 Oct 22

I am very happy and pleased to be writing this review. I came to know about Ashoori Law Firm through you tube videos and decided they are the best firm for my L1A petition, they proved my belief to be 100 percent right and got approval for my case... within five months on the first go. I thank the wonderful team who were very helpful and courteous during the entire process and helped me and answered all my queries promptly. I will be suggesting the firm to many of my friends who are willing to immigrate to The United states.read more

K and G Murphy

23:20 21 Oct 22

They were very patient in waiting for us to get everything we needed and made the process fast and easy. We didn’t even have to do an interview. My wife has a 10 year residency card and right to work. Thank you

Mike Latreille

19:49 20 Oct 22

Ashoori Law was the best choice I could have made for my immigrating from Canada to the US .. their legal team has been easy to work with …super efficient and very professional and always there when I needed guidance or direction..I am greatful for... there team and would highly recommend them to anyone looking for an immigration firm to represent them on their journey . A very special thanks to Michael Ashoori, Mathew Larsen and Jeser Romero.. for there attention to detail and impeccable professionalism .. Thanks again Michaelread more

Abdul Salman

17:59 19 Oct 22

Received EAD today. Ashoori have professional attorneys, they are very helpful and filing fees are affordable . Definitely recommend my family and friends. Hopefully I receive my Green card soon.

Sean Machii

05:23 19 Oct 22

Thank you for helping me to get the E2 visa. Ashoori Law team is professional and explain everything I need to know in detail. Highly recommend this law firm for E2 visa.

Eric Askerov

17:18 14 Oct 22

Ashoori Law is a law firm you can trust and be sure they won’t leave you alone with your problems. I’ve been working with a few other lawyers before, but they all are working with you only because of money and don’t really care about you and your... situation.I contacted Ashoori Law’s team with an urgent situation and they were able to take my case, get everything done super smooth and fast. Ashoori Law’s team is reliable, professional and easy to work with. They take care of everything, all you need to do is cooperate and provide necessary papers on time.I highly recommend the firm and specially Shruti, who was working on my case. Only 5 star!read more

Genx Solutions LLC

21:55 13 Oct 22

They handled my E2 process professionally. Collecting all the necessary documents were done systemically. I'm fully satisfied with the service. Michael review the file personally and answer any questions come up. Would recommend Ashoori Law office... with no doubt.read more

Frida Davidsson Art

19:39 13 Oct 22

I’m very happy I choose Ashoori law! They have been so helpful and very quick with responding! Whenever I have questions they really take their time to explain, and my case has been processed quicker expected! Everything has been going very smooth... without any issues. I strongly suggest Ashoori Law!read more

Hiitokiri

00:13 12 Oct 22

Milena she will take care of you in your case of the Mater. Experience and excellent service she explained everything in to easy detail...I give her 💯 top notch service if you have any questions she respond back fast efficient...quick and... easy process....and make it easy for you to process your paper work....thank you so much Milena OUSTANDING Work!!! Thanks Ashoori Lawread more

Guru

19:36 11 Oct 22

Excellent service extended by Lorianne & team @ Ashoori Law. Kudos.

Brian Tetreault

02:37 06 Oct 22

Fantastic experience with Ashoori Law. Michael and his team were methodical in their handling of our E2 case. Communication with the firm was excellent and all queries were responded to in a timely manner. I would highly recommend Ashoori Law.

Karen Brizuela

01:04 06 Oct 22

Michael and team thankyou very much!! Right and professional answers. you guys did the the job as we agree.. and we did get our E2 visa status.Abe Brizuela.

Winston Stewart

13:50 27 Sep 22

ashoori law took my case in April 2021. They made sure that everything was done correctly before fileing. upon receipt of the case we awaited uscis decision. our petition was approved august 2022. during this time period ashoori law was always... available for my concerns or questions. therefore without reservation I recommend ashoori law to anyone seeking professional legal services in the immigration field.read more

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Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.

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