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The Immigration Act of 1990 created immigration categories that divide employment-based visas into five preferences. These preferences were crafted as a means of increasing the number of immigrants to the United States who have “exceptional ability” or otherwise offer skilled or permanent labor contributions to the American workforce.
The five employment-based visas offered by the U.S. are organized according to what are called preference levels:
EB-2 and EB-3 visa categories are the preference levels under which the majority of visa applicants are likely to find themselves eligible.
We offer world class communication and responsiveness to all of our clients and our comprehensive approach can simplify even the most complicated of visa programs.
The second preference level EB-2 visa category is available to potential immigrants who have
Proving eligibility for the EB-2 exceptional ability category requires you to prove that you meet at least three of the below criteria, according to the United States Citizen and Immigration Services (USCIS):
Other comparable evidence may be allowed, and an experienced business immigration attorney may be able to provide information about what kinds of documentation would be accepted.
With the exception of the national interest waiver, you must have an employer sponsor who has obtained labor certification approval in order to be approved for the EB-2 visa category. Qualifying for the national interest waiver requires you to meet the advanced degree or exceptional ability criteria as well as demonstrate all of the following:
Immigrants to the U.S. who are designated as Professionals Holding Advanced Degrees or Persons of Exceptional Ability receive nearly one-third of the yearly limit of employment-based visas, as well as any unused visas from the first preference category.
If you do not meet the criteria for the EB-2 visa category, you may still qualify for an employment based visa under the EB-3 program. This visa category is available to
Professionals who are seeking an EB-3 visa category will need to show proof of their bachelor’s degree or foreign equivalent. It’s important to note that simply having the degree is not enough — the position itself you are seeking to fill must also require a bachelor’s degree.
Like EB-2 visas, nearly a third of all employment-visas yearly are filled by EB-3 immigrant workers, along with unused EB-1 and EB-2 applicants.
Both EB-2 and EB-3 visa categories (with the exception of the EB-2 national interest waiver)
However, complex and sometimes confusing details in U.S. immigration processes can mean significant differences in
Attorneys who are used to navigating the complex immigration process can also help you determine which visa might be best for your unique situation. Variables that may be important to consider in the application and approval process include
No attorney can guarantee a smooth or quick process when it comes to immigration processes. However, experienced attorneys can provide the information you need to decide which pathway to permanent residency is in your best interest.
Once an employer makes the decision to sponsor a foreign national for permanent resident status based on their employment, the process is the same regardless of the EB-2 or EB-3 category, with the exception of the level of documentation and the national interest EB-2 exception.
While the process of obtaining an employment based permanent resident status is largely in the hands of your future employer, it is important for you to understand the process so you know what to expect. If you have a U.S. employer and are considering your permanent residency options, a consultation with your employer and an experienced business immigration attorney may help you decide which options are best for you and your company.
To learn more about EB-2 versus EB-3 employment-based permanent residence, schedule a consultation with Farmer Law today.
Meet Kalynn Hudman, our Employee Spotlight for July AND the winner of our Newsletter Naming Contest!
Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A…
Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A…
The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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