EB-2 and EB-3: employment green cards, and which category is faster for you

Why work with our attorneys for an EB-2 visa?

The EB-2 visa can be one of the most promising ways to gain permanent U.S. residency. At 360 Immigration Law Group, we help professionals and future residents across Coral Springs, South Florida, and beyond understand what's needed and take the next step.

• What You Gain & How We Help
• Clarity in a Complicated Process

From PERM labor certification to national interest waivers, we break down each step so you never feel lost or stuck.

Experience you can rely on

We've worked with engineers, researchers, doctors, entrepreneurs, and more, guiding them from start to finish with steady, strategic support.

EB-2(A) - advanced degree

This option is for professionals with a master's degree (or a U.S. bachelor's degree and at least five years of progressive work experience). A job offer from a U.S. employer is typically required.

EB-2(C) - national interest waiver (NIW)

The NIW allows you to apply without a job offer if your work significantly benefits the United States. This self-petition option can be a good choice for entrepreneurs, researchers, or others whose contributions have national importance.

Not sure which EB-2 category fits your profile?

Let's review your background and guide you toward the best EB-2 option for your goals.

While specific requirements vary based on the type of EB-2 visa you're applying for, all applicants need to meet certain standards:

Proof of an advanced degree or equivalent experience.

Relevant and progressive experience in your field.

• Labor Certification (PERM)

Unless applying through NIW, you'll need an employer to obtain DOL approval.

Includes reference letters, awards, publications, certifications, and salary records.

For NIW applicants, additional evidence is needed to show:

Your work has substantial merit and national importance.

You are well-positioned to carry out your proposed endeavor.

It would benefit the U.S. to waive the job offer requirement.

Here's a simplified look at how the EB-2 visa process works:

1. Determine Eligibility Review your education, work experience, and qualifications to decide if you qualify under Advanced Degree, Exceptional Ability, or National Interest Waiver (NIW).

2. Labor Certification (if required) For most EB-2 cases, the employer files a PERM with the Department of Labor. NIW applicants can skip this step.

3. Petition Filing (Form I-140) The employer, or applicant in NIW cases, submits Form I-140 to USCIS with supporting documents.

4. Premium Processing (Optional) You can pay extra to receive a USCIS decision within 15 or 45 business days (depending on your application type).

5. Wait for priority date to become current Once the I-140 is approved, you must wait until your priority date is current based on the U.S. Department of State's Visa Bulletin before moving forward.

6. Adjustment of Status or Consular Processing Apply for a green card if you're in the U.S., or complete consular processing if you're applying from abroad.

• Before starting the process, especially if you're unsure which category fits
• While gathering supporting documentation (letters, credentials, NIW evidence)
• If your employer is unfamiliar with PERM or immigration procedures
• If you've received a Request for Evidence (RFE) or a previous denial

EB-3 visa

Work with our EB-3 visa attorney to apply for permanent residency through employment, whether you're a skilled worker, professional, or filling an in-demand job.

Skilled workers

Applicants must have at least two years of job experience or training. This covers trades, culinary positions, healthcare roles, and more. A permanent, full-time job offer is required.

This group includes people whose jobs require at least a U.S. bachelor's degree (or foreign equivalent). The degree must be directly related to the position being offered.

Not sure which EB-3 path you fall under?

We can help clarify your options based on your background and goals.

Each EB-3 applicant needs to meet several baseline criteria, depending on their classification:

Job Offer - You'll need a permanent, full-time offer from a U.S. employer.

Labor Certification (PERM) - Your employer must prove there are no qualified U.S. workers available for the role.

Qualifications - Depending on your category, you may need to show work experience, job training, or a degree.

Supporting Documents - This can include tax records, employment letters, credentials, and more.

Keep in mind: The employer, not the applicant, usually begins the process.

Need help confirming if you qualify or gathering what's required?

Here's how the EB-3 visa process usually works:

1. Job Offer You must have a permanent offer from a U.S. employer willing to sponsor you.

2. Labor Certification (PERM) The employer files with the Department of Labor to confirm no U.S. workers are available.

3. Petition Filing (Form I-140) Your employer submits the petition to USCIS with documentation.

4. Wait for Priority Date to Become Current EB-3 has a longer backlog, especially for "Other Workers" so this waiting period may vary.

5. Adjustment of Status or Consular Processing If inside the U.S., you apply for a green card. If abroad, you go through consular processing in your home country.

You don't need to go through the EB-3 process alone, especially if you're unsure where to start or worried about mistakes. Contact our team if:

You're not sure which EB-3 category applies to your job.

Your employer needs help with PERM certification.

You've received an RFE or previously had a petition denied.

You're trying to transition from another visa to permanent status.

Whether you're the applicant or the employer, we're here to take the guesswork out of the process and keep things moving.

Thinking About an EB-3 Visa? Let's Talk.

If you're ready to start the EB-3 visa process, or just want to see if this option is right for you, we're here to answer questions, review your background, and help you plan the next step.

• Contact Our Coral Springs Office Today

Employment permanent residency visa

An employment visa allows a person to work and legally reside in the United States. There are both temporary and permanent options. However, regardless of the specific type, the applicant must provide detailed information concerning their educational and work history, their areas of expertise and their contributions to such, their lives in their home country, and what they intend to do with their time in the United States. In many instances, a company must sponsor the applicant for the visa.

Every fiscal year (October 1 - September 30), approximately 140,000 non-temporary employment-based immigrant visas are made available to qualified applicants.

Employment-based visas are divided into five categories:

First Preference - The EB-1 visa is made available to those foreign workers who show an extraordinary ability in the arts, sciences, education, business, or other areas.

Second Preference - The EB-2 visa is made available to members of certain professions who hold advanced degrees or, those persons of exceptional ability who hold less than five years of experience.

Third Preference - The EB-3 visa is made available to professionals and other workers who may possess less than 2 years of training or work experience.

Fourth Preference - The EB-4 visa is made available to special immigrants, more commonly ministers and other certain covered religious workers, and certain government employees.

Fifth Preference - The EB-5 visa is made available to immigrant investors whose contributions have significant impact on American industries and commercial ventures.

A business immigration lawyer assists both the employer and the immigrant in submitting complete and comprehensive applications for employment visas. In certain situations, the employer must apply for and obtain a Labor Certification with the U.S. Department of Labor proving that the position the employee is seeking cannot reasonably be filled by a U.S. worker.

Throughout the entire process, a well-versed and experienced attorney can zealously advocate on the worker's behalf to give the application the best possible chance of success.

Eb-1

These are workers of extraordinary ability, like outstanding professors and researchers, as well as company owners, multinational executives and managers. In order to qualify, the immigrant must demonstrate that they have extraordinary ability in the arts, sciences, business, education, or athletics.

PERM: labor certification for employers

Before bringing qualified workers into the United States, U.S. employers must first seek to obtain a Labor Certification with the Department of Labor and USCIS. Also known as PERM, this complex process allows the U.S. Department of Labor to certify that the job cannot be filled by a U.S. worker. Most employment based immigration visa categories require labor certification before the application for a green card can be submitted.

Who qualifies?

• You hold an advanced degree, or a bachelor's plus five years

  That combination generally qualifies for EB-2.

• Or you have at least two years of skilled experience

  That is the EB-3 skilled worker threshold.

• You have a permanent job offer, or a national interest case

  The NIW route needs no employer and no PERM.

• Your priority date is current, or close

  This depends heavily on country of birth.

What does the process look like?

Frequently asked questions