Comparison of U.S. Immigration Categories EB1, EB2, EB3

EB1, EB2, and EB3 are three employment-based immigration categories. To determine which visa category an applicant qualifies for, the U.S. Citizenship and Immigration Services (USCIS) will evaluate the applicant’s educational background, work experience, job offer, expertise, and other qualifications to see if they meet the criteria. In the following article, ImmiPath will compare the EB1, EB2, and EB3 U.S. immigration categories to help clients assess their eligibility and determine the most suitable visa for U.S. immigration.

1. Distinguishing Between the U.S. Immigration Categories EB1, EB2, and EB3

For employment-based immigration, there are three pathways for foreign nationals to immigrate to the U.S. and obtain a green card: EB1, EB2, and EB3. Each year, approximately 140,000 green cards are issued by the U.S. Citizenship and Immigration Services (USCIS) for employment-based categories.

4. What Are the Key Differences Between EB2 and EB3 U.S. Immigration?

The main difference between EB-2 and EB-3 is that EB-3 is much more flexible. The requirements for EB-3 are much less stringent than those for EB-2, allowing more people to qualify. There are several potential pathways for foreigners to enter the United States through employment-based green cards. EB-2 and EB-3 are the most common in terms of the number of new applications. It’s important to know the differences between the two. EB-2 candidates typically have higher education qualifications (a master’s or doctorate). Additionally, they may qualify without an advanced degree if they have a bachelor’s degree with more than 5 years of work experience in their field. The requirements to obtain an EB-3 are less strict. However, they generally still require applicants to have at least a bachelor’s degree and a minimum of 5 years of experience.

5. Comparison Between EB1 and EB2 U.S. Immigration Categories: Key Differences

ImmiPath outlines some key differences between the U.S. immigration categories EB1 and EB2:

• Different Requirements: EB-1A “Extraordinary Ability” and EB-1B “Outstanding Researcher” both have higher thresholds compared to EB-2.

The U.S. Citizenship and Immigration Services (USCIS) uses a two-step approach to evaluate EB-1A and EB-1B applications, meaning that even if you meet all the eligibility criteria, USCIS will still conduct a “final merits determination,” reviewing all the evidence to decide if you have achieved the necessary level of accomplishment. In contrast, the requirements for EB-2 NIW (National Interest Waiver) are less stringent, making it a comparatively easier pathway.

• Visa Bulletin: Every month, USCIS releases a Visa Bulletin that informs people whether they can apply for a green card based on their priority date. Your country of birth can influence whether you should proceed with EB-1 or EB-2, as the waiting time for your priority date may increase or decrease depending on your place of origin.
• No PERM Labor Certification: Both EB-1 and EB-2 categories do not require PERM labor certification, which is the process of testing the U.S. labor market for qualified American workers.
• Job Offer Requirement: EB-1A and EB-2 NIW allow for self-petitioning, meaning you do not need a job offer from a prospective U.S. employer.

For EB-1B, EB-1C, and EB-2 based on PERM, you will need an employer sponsor who offers permanent employment.

6. Frequently Asked Questions About Comparing EB1, EB2, and EB3 Categories

6.1. What is the National Interest Waiver (NIW)?

Applicants for employment-based visas can also file for an EB2 NIW (National Interest Waiver) with USCIS. The main advantage of filing for NIW is that the applicant is exempt from the Department of Labor’s PERM labor certification process. EB2 NIW applicants also do not need an official job offer from a U.S.-based company to immigrate. They can self-petition for immigration without having to go through various checkpoints and barriers. Only those who qualify as “individuals with exceptional ability” or “advanced degree professionals” can apply for an NIW. These “petitions” must be accompanied by at least three of the following documents:

• Evidence of association with professional organizations
• Proof of recognition and acclaim for achievements and contributions to their respective industry. These accolades must come from business organizations, government agencies, or recognized professionals
• Official academic records verify the foreign national’s exceptional ability. These may include degrees, diplomas, certificates, and awards from reputable institutions (e.g., Colleges, Universities, and high schools)
• Evidence of ten (or more) years of full-time experience in a specific industry or occupation. This evidence can be presented in the form of reference letters from current or former employers
• Certified licenses to practice any profession or occupation where the applicant has exceptional ability
• Proof that the foreign national has earned remuneration for their exceptional ability and services

Meeting these standards is crucial for all NIW applicants. If anyone is unable to meet these specific standards, they must provide comparable evidence to demonstrate eligibility. The primary goal of EB2 or NIW applicants is to prove that their work benefits the national interest of the United States.

6.2. Why Do Applicants and Employers Need Legal Support for U.S. Immigration Visas?

Understanding the differences between EB3 and H1B or the green card EB1 versus EB2 is not easy. Tasks such as transitioning from EB2 to EB1 or reviewing I-140 documents can also be complex. That’s why both employers and applicants need the legal assistance of experts. At ImmiPath, we have a team of experienced professionals and top legal advisors in all types of immigration procedures and functions. We help you choose the most suitable visa type, saving you time, effort, and reasonable costs.

6.3. What is the I-140 Immigration Petition?

Applicants for EB2 or EB3 visas need a PERM labor certification approved by the Department of Labor (DOL). Within 180 days of PERM certification, the applicant must also file an I-140 immigrant petition with USCIS. Approval of the I-140 petition does not automatically change the applicant’s non-immigrant status. It merely clarifies the employment-based classification of the applicant, whether EB3, EB2, or EB1. Assuming the sponsoring employer (a U.S.-based company) is not currently employing the candidate, i.e., the employee is sponsored. This is the case for most H1B or L1 visa applicants. To continue residing legally in the U.S., the applicant must maintain a valid non-immigrant status. Even after the I-140 is approved, the applicant must maintain this status. They can adjust their status by filing an “I-485 Adjustment of Status” application. The labor certification or PERM must be filed along with the I-140 immigration petition forms with USCIS. An EB2 employee generally requires PERM, except for certain exemptions. Here are some scenarios where labor certification is not required:

• When the applicant promises to serve the “National Interest” of the U.S.
• When the applicant (under EB2) is an individual with extraordinary ability.
• When the applicant (under EB1) is an individual with extraordinary ability.
• When the applicant is an outstanding professor, researcher, or executive-level expert.

Apart from these exceptions, all I-140 immigration petitions require employment. The sponsoring employer must sign the I-140 form with evidence proving their ability to pay the additional salary to the employee. To do this, the employer must submit their financial reports, annual reports, federal tax returns, etc., to the DOL. If the employer has a large workforce (100 or more workers), their CFO must provide an official statement. These statements must verify the employer’s ability to pay the required salary. DOL also accepts alternative forms of evidence such as P&L reports, bank account records, etc. Can employers of companies reporting annual net losses still receive approval from USCIS and DOL? If their net profit is somewhat equivalent to the proposed salary, their I-140 petition will be approved. USCIS frequently approves such petitions. USCIS also makes many assumptions in favor of immigration. For instance, if a sponsored employee is currently earning a salary close to the amount stated in the I-140 petition. In this case, USCIS will assume the employer can also pay a similar salary in the future. Even if the employer’s most recent profit figures are significantly lower than the proposed salary, USCIS will still approve their petition.

6.4. EB-1 vs. EB-2: Which is Faster?

EB-1 typically processes faster than EB-2. This is because EB-1 does not require a PERM labor certification, which is a significant part of the EB-2 process. Additionally, EB-1 generally has shorter wait times for visa numbers, although this can vary depending on the applicant’s country of origin.

6.5. EB-2 vs. EB-3: Which is Better?

The choice between EB-2 and EB-3 depends on the applicant’s qualifications and job requirements:

• EB-2: Requires a higher level of education or exceptional ability. Typically suited for positions in science, business, or similar fields that demand advanced degrees or significant experience.
• EB-3: Includes three categories: skilled workers (with at least 2 years of experience), professionals (with a bachelor’s degree), and unskilled workers (performing jobs that require less training). EB-3 is often considered less demanding in terms of qualifications compared to EB-2.

7. Which is Better: EB-1, EB-2, or EB-3 Green Card?

Based on the information shared by ImmiPath, the EB-1 Green Card is the most challenging to obtain but offers the fastest processing time due to fewer verification steps. EB-2 and EB-3 categories require more extensive documentation, longer processing times, and increased waiting periods. If you have any questions about the comparison of the U.S. immigration category to choose between EB-1, EB-2, or EB-3, feel free to leave a comment below or contact ImmiPath directly via phone or email. Our team of advisors will help you determine the most suitable visa option for your needs! The common feature of the three U.S. immigration categories EB1, EB2, and EB3 is that they are all employment-based visas. ImmiPath summarizes the distinctions in the following table:

EB1 Visa	EB2 Visa	EB3 Visa
Individuals with Extraordinary Ability: Individuals with extraordinary abilities can apply for this first-preference visa. The EB1 category is designed to attract internationally acclaimed non-citizens in specific fields. Thousands of professionals in business, science, arts, sports, and other fields obtain the EB1-1 visa under this category. They must provide detailed documentation of their achievements, accolades, and recognition in their specific field of expertise. Individuals with extraordinary abilities do not need a job offer from a U.S. company to apply to USCIS. However, they must continue to work in the field where they have extraordinary ability in the U.S. and promote the interests of the United States. Outstanding Professor/Researcher: Also known as the EB1-2 visa, applicants in this category must have more than three years of teaching or research experience. Internationally recognized scholars, professors, and teachers apply for the EB1-2 visa. They do not need labor or “PERM” certification. However, they must have a formal job offer from U.S. employers. They also need to file Form I-140 with USCIS. Multinational Executives and Managers: The third subcategory of the EB-1 category is designed for professionals with experience in executive or managerial roles. It is for professionals who have worked for at least three years in an executive/managerial position for multinational corporations. Labor certification is not required for the EB1-3 visa. However, applicants must have a verified job offer from U.S. companies. They must also file an I-140 immigration petition with USCIS.	Applicants for the EB2 visa must have a PERM certification approved by the U.S. Department of Labor. A verified job offer from U.S.-based companies is also required. The mentioned U.S. employer must also file a petition on behalf of the applicants for the green card. There are two subcategories within the EB2 category: Professionals with Advanced Degrees: Applicants with an advanced degree (beyond a bachelor’s degree) and more than five years of experience in their respective profession. Individuals with Exceptional Ability: Those with “exceptional ability” in certain fields (business, arts, sciences, etc.) can apply for a visa under this EB2 subcategory. All EB2 visa applicants must have a job offer from U.S.-based companies. They must also complete the PERM or labor certification processes. Exceptions to these rules can only be made for applicants who can promote the “national interest of the United States.” Such applicants need to file a National Interest Waiver (NIW) to qualify for the EB2 Visa.	All applicants for the EB3 visa must be sponsored by a prospective employer. You may qualify for an EB3 Visa if you meet the requirements in one of the following three categories. The U.S. Citizenship and Immigration Services (USCIS) defines each category as follows: EB3 Professionals: Workers with advanced degrees and requiring a professional license to work, such as professors, doctors, pharmacists, accountants, physical therapists, designers, etc. EB3 Skilled Workers: Workers with at least two years of experience in their field of expertise, such as chefs, cosmetologists, tailors, auto engineers, marketing specialists, etc. EB3 Unskilled Workers: Workers who can handle jobs for which qualified labor is not readily available in the U.S. This is also a common pathway for many Vietnamese international students to stay in the U.S. after studying. The EB3 Unskilled Workers category does not require degrees or experience. Applicants in this category typically perform general labor jobs such as hotel housekeeping, waitstaff, kitchen assistants, factory work, product packaging, patient care, etc., usually earning minimum wage in the U.S.

2. Are the Application Processes for EB1, EB2, and EB3 the Same?

No, the application processes for the EB-1, EB-2, and EB-3 visas are not the same. Employers of EB-2 and EB-3 visa applicants (excluding EB-2 NIW) must first file for PERM labor certification before submitting Forms I-140 and I-485. For EB-1 and EB-2 NIW applicants, they can either self-petition or have their employer file Forms I-140 and I-485 without needing labor certification. Additionally, the qualifications and supporting documents required for each category differ.

3. Is the Processing Time for EB1, EB2, and EB3 the Same?

No, the processing times for the EB-1, EB-2, and EB-3 visas are not the same. The processing time for most EB-1 visa applications is generally faster than for EB-2 and EB-3 for two reasons: EB-1 visas do not require PERM certification. Most countries have a current priority date for EB-1A, except for China and India. EB-2 and EB-3 applicants may have to wait several years for their priority date to become current. Fortunately, most EB-1, EB-2, and EB-3 visa types allow for premium processing when filing Form I-140, except for the EB-1C and EB-2 NIW visas. Premium processing incurs a fee of $2,500 and shortens the I-140 processing time to 15 calendar days.

4. What Are the Key Differences Between EB2 and EB3 U.S. Immigration?

The main difference between EB-2 and EB-3 is that EB-3 is much more flexible. The requirements for EB-3 are much less stringent than those for EB-2, allowing more people to qualify. There are several potential pathways for foreigners to enter the United States through employment-based green cards. EB-2 and EB-3 are the most common in terms of the number of new applications. It’s important to know the differences between the two. EB-2 candidates typically have higher education qualifications (a master’s or doctorate). Additionally, they may qualify without an advanced degree if they have a bachelor’s degree with more than 5 years of work experience in their field. The requirements to obtain an EB-3 are less strict. However, they generally still require applicants to have at least a bachelor’s degree and a minimum of 5 years of experience.

5. Comparison Between EB1 and EB2 U.S. Immigration Categories: Key Differences

ImmiPath outlines some key differences between the U.S. immigration categories EB1 and EB2:

• Different Requirements: EB-1A “Extraordinary Ability” and EB-1B “Outstanding Researcher” both have higher thresholds compared to EB-2.

The U.S. Citizenship and Immigration Services (USCIS) uses a two-step approach to evaluate EB-1A and EB-1B applications, meaning that even if you meet all the eligibility criteria, USCIS will still conduct a “final merits determination,” reviewing all the evidence to decide if you have achieved the necessary level of accomplishment. In contrast, the requirements for EB-2 NIW (National Interest Waiver) are less stringent, making it a comparatively easier pathway.

• Visa Bulletin: Every month, USCIS releases a Visa Bulletin that informs people whether they can apply for a green card based on their priority date. Your country of birth can influence whether you should proceed with EB-1 or EB-2, as the waiting time for your priority date may increase or decrease depending on your place of origin.
• No PERM Labor Certification: Both EB-1 and EB-2 categories do not require PERM labor certification, which is the process of testing the U.S. labor market for qualified American workers.
• Job Offer Requirement: EB-1A and EB-2 NIW allow for self-petitioning, meaning you do not need a job offer from a prospective U.S. employer.

For EB-1B, EB-1C, and EB-2 based on PERM, you will need an employer sponsor who offers permanent employment.

6. Frequently Asked Questions About Comparing EB1, EB2, and EB3 Categories

6.1. What is the National Interest Waiver (NIW)?

Applicants for employment-based visas can also file for an EB2 NIW (National Interest Waiver) with USCIS. The main advantage of filing for NIW is that the applicant is exempt from the Department of Labor’s PERM labor certification process. EB2 NIW applicants also do not need an official job offer from a U.S.-based company to immigrate. They can self-petition for immigration without having to go through various checkpoints and barriers. Only those who qualify as “individuals with exceptional ability” or “advanced degree professionals” can apply for an NIW. These “petitions” must be accompanied by at least three of the following documents:

• Evidence of association with professional organizations
• Proof of recognition and acclaim for achievements and contributions to their respective industry. These accolades must come from business organizations, government agencies, or recognized professionals
• Official academic records verify the foreign national’s exceptional ability. These may include degrees, diplomas, certificates, and awards from reputable institutions (e.g., Colleges, Universities, and high schools)
• Evidence of ten (or more) years of full-time experience in a specific industry or occupation. This evidence can be presented in the form of reference letters from current or former employers
• Certified licenses to practice any profession or occupation where the applicant has exceptional ability
• Proof that the foreign national has earned remuneration for their exceptional ability and services

Meeting these standards is crucial for all NIW applicants. If anyone is unable to meet these specific standards, they must provide comparable evidence to demonstrate eligibility. The primary goal of EB2 or NIW applicants is to prove that their work benefits the national interest of the United States.

6.2. Why Do Applicants and Employers Need Legal Support for U.S. Immigration Visas?

Understanding the differences between EB3 and H1B or the green card EB1 versus EB2 is not easy. Tasks such as transitioning from EB2 to EB1 or reviewing I-140 documents can also be complex. That’s why both employers and applicants need the legal assistance of experts. At ImmiPath, we have a team of experienced professionals and top legal advisors in all types of immigration procedures and functions. We help you choose the most suitable visa type, saving you time, effort, and reasonable costs.

6.3. What is the I-140 Immigration Petition?

Applicants for EB2 or EB3 visas need a PERM labor certification approved by the Department of Labor (DOL). Within 180 days of PERM certification, the applicant must also file an I-140 immigrant petition with USCIS. Approval of the I-140 petition does not automatically change the applicant’s non-immigrant status. It merely clarifies the employment-based classification of the applicant, whether EB3, EB2, or EB1. Assuming the sponsoring employer (a U.S.-based company) is not currently employing the candidate, i.e., the employee is sponsored. This is the case for most H1B or L1 visa applicants. To continue residing legally in the U.S., the applicant must maintain a valid non-immigrant status. Even after the I-140 is approved, the applicant must maintain this status. They can adjust their status by filing an “I-485 Adjustment of Status” application. The labor certification or PERM must be filed along with the I-140 immigration petition forms with USCIS. An EB2 employee generally requires PERM, except for certain exemptions. Here are some scenarios where labor certification is not required:

• When the applicant promises to serve the “National Interest” of the U.S.
• When the applicant (under EB2) is an individual with extraordinary ability.
• When the applicant (under EB1) is an individual with extraordinary ability.
• When the applicant is an outstanding professor, researcher, or executive-level expert.

Apart from these exceptions, all I-140 immigration petitions require employment. The sponsoring employer must sign the I-140 form with evidence proving their ability to pay the additional salary to the employee. To do this, the employer must submit their financial reports, annual reports, federal tax returns, etc., to the DOL. If the employer has a large workforce (100 or more workers), their CFO must provide an official statement. These statements must verify the employer’s ability to pay the required salary. DOL also accepts alternative forms of evidence such as P&L reports, bank account records, etc. Can employers of companies reporting annual net losses still receive approval from USCIS and DOL? If their net profit is somewhat equivalent to the proposed salary, their I-140 petition will be approved. USCIS frequently approves such petitions. USCIS also makes many assumptions in favor of immigration. For instance, if a sponsored employee is currently earning a salary close to the amount stated in the I-140 petition. In this case, USCIS will assume the employer can also pay a similar salary in the future. Even if the employer’s most recent profit figures are significantly lower than the proposed salary, USCIS will still approve their petition.

6.4. EB-1 vs. EB-2: Which is Faster?

EB-1 typically processes faster than EB-2. This is because EB-1 does not require a PERM labor certification, which is a significant part of the EB-2 process. Additionally, EB-1 generally has shorter wait times for visa numbers, although this can vary depending on the applicant’s country of origin.

6.5. EB-2 vs. EB-3: Which is Better?

The choice between EB-2 and EB-3 depends on the applicant’s qualifications and job requirements:

• EB-2: Requires a higher level of education or exceptional ability. Typically suited for positions in science, business, or similar fields that demand advanced degrees or significant experience.
• EB-3: Includes three categories: skilled workers (with at least 2 years of experience), professionals (with a bachelor’s degree), and unskilled workers (performing jobs that require less training). EB-3 is often considered less demanding in terms of qualifications compared to EB-2.

7. Which is Better: EB-1, EB-2, or EB-3 Green Card?

Based on the information shared by ImmiPath, the EB-1 Green Card is the most challenging to obtain but offers the fastest processing time due to fewer verification steps. EB-2 and EB-3 categories require more extensive documentation, longer processing times, and increased waiting periods. If you have any questions about the comparison of the U.S. immigration category to choose between EB-1, EB-2, or EB-3, feel free to leave a comment below or contact ImmiPath directly via phone or email. Our team of advisors will help you determine the most suitable visa option for your needs!