💼 EB-2 & EB-3 Green Cards: Employment-Based Immigration for Skilled Professionals
If you’re looking to immigrate to the U.S. based on your education, skills, or job offer, the EB-2 and EB-3 green card categories may be your path to permanent residency.
Both categories generally require a PERM Labor Certification from the U.S. Department of Labor (DOL) before a green card petition can be filed.
📚 EB-2 Green Card: Advanced Degree & Exceptional Ability
The EB-2 category is for:
✔️ 1. Professionals with Advanced Degrees
- You must hold a master’s degree or higher,
OR - A bachelor’s degree plus at least 5 years of progressive experience in your field
✔️ 2. Individuals with Exceptional Ability
- You must show a level of expertise significantly above average in your profession (in science, arts, or business)
✔️ 3. National Interest Waiver (NIW)
- You may self-petition without an employer or labor certification if:
- Your work is in the national interest of the U.S.
- You meet the standard for exceptional ability
- You can show that waiving the job offer would benefit the U.S.
✔️ Labor Certification Requirement
In most EB-2 cases (except NIW), the employer must:
- Prove there are no qualified U.S. workers for the job
- Offer prevailing wages
- Obtain an approved PERM Labor Certification
🛠️ EB-3 Green Card: Skilled Workers, Professionals, & Other Workers
The EB-3 category is for foreign workers who fall into one of three groups:
✔️ 1. Skilled Workers
- Must have at least 2 years of job experience or training
✔️ 2. Professionals
- Must hold a U.S. bachelor’s degree or foreign equivalent required for the position
✔️ 3. Other Workers (Unskilled)
- For jobs requiring less than 2 years of training or experience
- Includes roles in agriculture, hospitality, or manual labor
✔️ Labor Certification Requirement
All EB-3 applicants need a PERM Labor Certification, showing that:
- No qualified U.S. workers are available
- Hiring the foreign worker won’t negatively impact U.S. wages or working conditions
📄 What Is PERM Labor Certification?
The PERM (Program Electronic Review Management) process is the first step for most EB-2 and EB-3 applicants. It ensures that foreign workers are not displacing qualified U.S. workers.
📝 Key Components of PERM:
- Recruitment: Employer must advertise the position and interview U.S. applicants
- Prevailing Wage: Job must offer wages equal to or above the local average
- Job Requirements: Must reflect the true needs of the position — not tailored to favor a specific candidate
- Form ETA 9089: Filed with the U.S. Department of Labor, detailing recruitment and job specifics
⏱️ Processing Timeline:
- PERM certification generally takes several months
- Once approved, the employer can file Form I-140 with USCIS to sponsor the foreign worker for a green card
🔍 Choosing EB-2 vs. EB-3
| Category | Education/Experience | Labor Cert Required? | Job Offer Required? | Faster Processing? |
|---|---|---|---|---|
| EB-2 | Advanced degree / exceptional ability | Yes (unless NIW) | Yes (unless NIW) | Typically faster |
| EB-3 | Skilled/Professional/Unskilled | Yes | Yes | Slower than EB-2 |
⚖️ Why Legal Guidance Matters
U.S. employment-based immigration is complex and highly regulated. Your eligibility can depend on:
- Your education and credentials
- The employer’s job requirements
- Prevailing wage determinations
- Documentation of your experience and qualifications
An experienced immigration attorney can help you:
- Determine which category (EB-2 or EB-3) fits your background
- Navigate the PERM process
- File a complete and persuasive green card petition
📞 Ready to Start Your Green Card Journey?
Whether you’re an employer seeking to sponsor a foreign worker or a skilled professional exploring your options, we can help.
👉 Schedule a consultation today to explore your eligibility and get expert help navigating the EB-2 or EB-3 process.
Revision Date: March 2025.