EB-2 vs EB-3: Choosing the Right Employment-Based Category

Immigration » Employment-based green cards » EB-2 vs EB-3

Both categories usually need a labor certification and a job offer. The difference lies in the required qualifications and in how long the waiting line is.

EB-2: advanced degree or exceptional ability

A master’s degree or higher, or a bachelor’s degree plus five years of progressive experience, if the job requires it.
Or exceptional ability in the sciences, arts or business, which needs documents proving an above-ordinary level of expertise.
A national interest waiver can also fall under EB-2 and does not need a labor certification. See NIW.

EB-3: skilled workers, professionals and other workers

Professionals with a bachelor’s degree required for the job.
Skilled workers with at least two years of experience or training.
Other workers who perform unskilled labor that is not temporary or seasonal.

Why the choice matters

The waiting lines for these categories differ by country, and sometimes the lines move in opposite directions. Employers and workers sometimes file in more than one category, or move from one to another, to take advantage of a better date. Whether that is allowed depends on the facts, the job and the qualifications.

Using the Visa Bulletin

Check your priority date against the chart for your category and country. See our Visa Bulletin guide and monthly summaries.

Filing both

A worker with a master’s degree can often file in EB-2 and EB-3 for the same job, with two petitions.
The petitions must each be supported by the evidence for their category.
The cost and complexity are higher, so we compare timing before recommending it.

PERM step by step and H-1B to green card.

Employment-based green cards guide

How our firm helps with employment-based green cards

We help the employer and the worker choose the best category and timing.
We guide the prevailing wage, the recruitment and the labor certification so the record stands up to an audit.
We prepare the I-140 and the green card application with the evidence USCIS expects.
We track your priority date and the Visa Bulletin for you.
We advise on job changes while the case is pending.

Situations we handle

Employer-sponsored workers on H-1B
Workers from backlogged countries
Employers facing PERM audits
Workers who want to change jobs mid-process

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with employment-based green cards

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.