EB-2 and EB-3 are two employment-based green card categories. EB-2 covers members of the professions with advanced degrees and people with exceptional ability, including national interest waiver requests. EB-3 covers skilled workers, professionals and other workers.[1]
- EB-2 advanced degree: a degree above a bachelor's, or a bachelor's plus at least five years of progressive experience in the specialty.[2][3]
- EB-2 exceptional ability: expertise significantly above the ordinary in the sciences, arts or business.[4]
- EB-3 skilled workers need at least 2 years of training or experience; other workers (unskilled) need less than 2 years. Neither job can be temporary or seasonal.[5][6]
- EB-3 professionals hold at least a U.S. bachelor's degree or foreign equivalent.[7]
In outline: where required, the employer first gets a labor certification from the Department of Labor (DOL), then files Form I-140 with U.S. Citizenship and Immigration Services (USCIS).[8]
Step 1: Prevailing wage determination
A permanent labor certification (DOL's PERM program) lets an employer hire a foreign worker permanently. Before filing for it, the employer needs a prevailing wage determination from DOL's National Prevailing Wage Center (NPWC).[9][10]
The prevailing wage is the average wage paid to similarly employed workers in that occupation and area, and the offered wage must be at that rate. The employer requests it on Form ETA-9141.[11][12][13]
Step 2: Recruitment and PERM labor certification
DOL certifies that not enough U.S. workers are able, willing, qualified and available for the job in that area, and that hiring the foreign worker will not hurt the wages and working conditions of similar U.S. workers.[14]
DOL's basic steps:[15]
- Define a permanent, full-time job and its actual minimum requirements.[16][17]
- Get the prevailing wage determination (Step 1).[18]
- Recruit before filing, with a notice of filing where applicable; the recruitment required depends on the occupation.[19]
- Submit the PERM application, online in DOL's FLAG system or by mail.[20][21]
The approved application is Form ETA-9089, which usually accompanies the I-140.[22][23]
The day DOL accepts the application becomes the priority date, the worker's place in the visa line.[24][25]
More in PERM and prevailing wage and priority date. DOL's latest published tables (see also the PERM page):
Exception: national interest waiver (EB-2 only)
An EB-2 petition may ask to waive the job offer, and so the labor certification, because it is in the national interest. The person may self-petition, with no employer sponsor.[26][27]
USCIS weighs three factors:[28]
- The endeavor has substantial merit and national importance.[29]
- The person is well positioned to advance it.[30]
- On balance, waiving the job offer and labor certification benefits the United States.[31]
Without a labor certification, the priority date is the day USCIS accepts the I-140.[32]
Exception: Schedule A occupations
Schedule A jobs skip DOL labor certification because DOL has already found too few U.S. workers. Group I is professional nurses and physical therapists; Group II covers exceptional ability in the sciences, arts or performing arts.[33][34]
Step 3: The I-140 petition
A U.S. employer files Form I-140 for the worker, except in national interest waiver cases, where the worker may file it.[35]
Labor certifications expire 180 days after certification; USCIS must receive the I-140 before then and rejects petitions with an expired one.[36]
Once the I-140 is approved, the spouse and unmarried children under 21 may also be eligible.[37]
Optional: premium processing
For an extra fee, requested on Form I-907, USCIS guarantees action on an I-140 within a set time or refunds the premium fee.[38][39][40]
- 15 business days for EB-2 petitions without a national interest waiver.[41][42]
- 45 business days for national interest waiver petitions.[43]
- Action can be an approval, denial, request for evidence, notice of intent to deny, or fraud investigation.[44]
- A request for evidence or notice of intent to deny stops and resets the clock.[45]
More on Form I-140 and premium processing. Latest published I-140 times for EB-2, national interest waiver and EB-3 skilled worker cases (all):
Step 4: Wait for the priority date to be current
Employment-based visas are numerically limited. When demand exceeds supply, a line forms, and the State Department (DOS) allocates visas by category, country of chargeability (usually country of birth) and priority date.[46][47][48][49]
A visa is available when the priority date is earlier than the Visa Bulletin cutoff for that category and country.[50]
- "C" (current) means visas are available to all qualified applicants.[51]
- "U" means visas are temporarily unavailable.[52]
The bulletin has two charts. Each month USCIS designates which one U.S. filers use: Dates for Filing if it finds more visas than known applicants, otherwise Final Action Dates.[53][54]
Cutoffs can also move backward (retrogression).[55]
See the two charts, chargeability and retrogression. Latest published dates (full history):
Step 5: Apply for the green card
With an approved petition and a visa number immediately available, there are two routes: consular processing abroad or adjustment of status inside the U.S.[56][57][58]
Inside the U.S.: adjustment of status (Form I-485)
In general, Form I-485 cannot be filed until a visa is immediately available. It may then be filed with the I-140 (concurrent filing), while it is pending, or after approval.[59][60][61][62]
USCIS requirements include:[63]
- Inspected and admitted or paroled, and physically present when filing.[64][65]
- A visa available both at filing and at the final decision.[66]
- The I-140 job offer still exists and the applicant plans to accept it.[67]
After filing come a biometrics appointment, an interview if USCIS decides one is needed, and a written decision.[68][69][70]
While the I-485 is pending, the applicant can generally apply for a work permit; leaving the U.S. without advance parole generally abandons the application.[71][72]
See adjustment vs consular processing, work permit and advance parole and the interview. Latest published I-485 time (all):
Outside the U.S.: consular processing
USCIS sends the approved petition to the State Department's National Visa Center (NVC), where it waits for a visa number. Concurrent filing is not possible in consular cases.[73][74]
- The NVC sends fee instructions, then collects the visa documents.[75]
- A panel physician medical exam is required.[76]
- A consular officer interviews the applicant and decides eligibility.[77]
- A visa does not guarantee entry to the U.S.[78]
DOS says timing varies by case and cannot be predicted accurately.[79]
More on the National Visa Center. Family paths: spouse of a U.S. citizen, family preference F1–F4.