Employment-Based Immigration EB-2 / EB-3
The Employment Based Immigration 2nd Preference (EB-2) is for foreign nationals to get their green cards faster than the EB-3 category. It requires that the person has exceptional ability or holds an advanced degree related to their job field.
The Employment Based Immigration 3rd Preference (EB-3) is for foreign nationals who fall into the category professionals, skilled workers, and unskilled workers hoping to get permanent residency in the Untied States. It requires a full-time job offer and and PERM Certification.
Read about Frequently Asked Questions below.
Case Approvals
General Process
EB-2
Qualifications: Job offer from a U.S. employer, advanced degree or exceptional ability.
Eligibility: USCIS Criteria met: (3 at least) degree, diploma, or certificate related to your field, letters from employers showing 10+ years of full time experience, license or certification to practice the profession, evidence of high salary demonstrating exceptional ability, membership in professional associations, recognition by peers, government entities, or professional organizations
Petition: Job Offer and PERM unless applying under NIW (Self Petition allowed)
Determine if you qualify for NIW (National Interest Waiver) or applying with Job Offer and PERM
1. PERM Labor Certification – Employer test job advertisement and recruitment, prevailing wage determination, filing form ETA 9089, and PERM Approval
1. Filing the I-140 Petition – Employer Files the I-140 (Immigrant Petition for Alien Worker) & Supporting documents (If qualify for NIW, applicant can bypass the PERM process)
2. USCIS Processing – Once filed, the petition is reviewed and approved by USCIS.
3. Consular Processing or Adjustment of Status –
- If applicant is outside the US: After I-140 Approval, Consular Processing will occur (Applying at US embassy / consulate)
- If applicant is already in the US: File form I-485 and final interview to adjust their status to permanent resident
EB-3
Qualifications: Skilled workers with 2 years of job experience, professionals, or other unskilled labor experience
Eligibility: U.S. company sponsors a foreign worker for a green card and have job offer.
Petition: Employer Sponsorship + Job Offer + PERM
1. PERM Labor Certification – Employer test job advertisement and recruitment, prevailing wage determination, filing form ETA 9089, and PERM Approval
2. Filing the I-140 Petition – Employer Files the I-140 (Immigrant Petition for Alien Worker) & Supporting documents (If qualify for NIW, applicant can bypass the PERM process)
3. USCIS Processing – Once filed, the petition is reviewed and approved by USCIS.
4. Consular Processing or Adjustment of Status –
- If applicant is outside the US: After I-140 Approval, Consular Processing will occur (Applying at US embassy / consulate)
- If applicant is already in the US: File form I-485 and final interview to adjust their status to permanent resident
FAQ
Who can sponsor EB-2 immigration?
U.S. Job Employer OR NIW Self-Petition
Who can sponsor EB-3 immigration?
U.S. Job Employer
Do I need a PERM for EB-2 or EB-3 application?
Yes unless qualify for NIW (National Interest Waiver) for EB-2. EB-3 must have PERM Labor Certification