EB-2 – EB-3 Second and Third Preference Employement US Visas

SECOND PREFERENCE – EB-2

Who can apply for an EB-2 Second Preference Employment-based immigrant visa?

EB-2 is designed for members of the professions holding advanced degrees or persons of exceptional ability.

Am I eligible for an EB-2 visa?

To be eligible under the second preference, you must substantially benefit the national economy, cultural or educational interests, or welfare of the US in your role as either of the following:
1. A member of the professions holding an advanced degree or the equivalent, under which:

  • You must not only hold an advanced degree or the equivalent, but rather the position for which you have an offer of employment must require such a degree; and
  • You must have a job offer and labor certification (unless a national interest waiver (“NIW”) is obtained);

2. A person of exceptional ability (exceptional ability, a standard lower than extraordinary ability, requires a degree of expertise significantly above that ordinarily encountered).

How do I satisfy the requirements for EB-2?

You may submit evidence of the following:

  • Degree relating to area of exceptional ability;
  • Letter from current or former employer showing at least 10 years of experience;
  • License to practice profession;
  • Evidence that you command a salary or remuneration demonstrating exceptional ability;
  • Membership of professional association; or
  • Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
How many EB-2 visas are available each year?

28.6% of worldwide EB visas plus unused first preference.

If I am eligible for both, should I apply for EB-2 or EB-3?

Generally there is no backlog under EB-2 (except China and India), whereas EB-3 generally has a backlog across the board – as a result, EB-2 will generally be the favorable category. This being said, EB–3 cut-off dates occasionally become less retrogressed than EB-2. In order to hedge your bets, you may want to file an I-140 for EB-2 and EB-3 (especially if that latter has a more current priority date. You may retain the priority date of an earliest filed I-140.

Where you are eligible for both, timing aside, EB-2 is the favored category, especially given the option to waive the labor certification requirement if granted a national interest waiver.

 


THIRD PREFERENCE – EB-3

Who can apply for an EB-3 Third Preference Employment-based immigrant visa?

EB-3 is designed for professionals, skilled and other workers.

Am I eligible for an EB-3 visa?

To be eligible under EB-3, you may either be:

  • A professional – for which a bachelor’s degree (or equivalent) is required and persons who are members of the professions; or
  • A skilled worker – for which a full-time permanent job requiring at least two years training or work experience is necessary; or
  • Other workers – includes foreign nationals with less than two years training and work experience
    Most importantly, you must have a job offer and labor certification.
How do I satisfy the requirements for EB-3?

You may submit the following documents in support:

  • CV/resume
  • Reference letters
  • Degree certificates
  • Membership certificates
  • Awards and scholarships
  • Publications
How many EB-3 visas are available each year?

28.6% of worldwide EB visas plus unused first preference.

Assessment Form: