Home – EB2, EB3
are employment-based immigrant visas that offer foreign workers the opportunity to obtain permanent residency in the United States based on their employment skills and contributions to the U.S. labor market. Central to the EB-2/EB-3 visa process is the Permanent Labor Certification (PERM) and the subsequent filing of Form I-140, Immigrant Petition for Alien Worker.
The EB-2 visa category is reserved for professionals holding advanced degrees or individuals with exceptional abilities in their field. To qualify for an EB-2 visa, applicants must have a job offer from a U.S. employer and meet specific criteria demonstrating their educational qualifications or exceptional skills.
The EB-3 visa category is designed for skilled workers, professionals, and other workers with less than two years of training or experience. Similar to the EB-2 category, applicants must have a job offer from a U.S. employer and meet the educational or experience requirements specified for their occupation.
Before filing Form I-140, applicants in both the EB-2 and EB-3 categories must obtain a PERM labor certification from the U.S. Department of Labor (DOL). The PERM process involves the employer demonstrating that there are no qualified U.S. workers available to fill the position and that hiring the foreign worker will not negatively impact the U.S. labor market.
Immigrant Petition for Alien Worker: Once the PERM labor certification is approved, the employer can proceed to file Form I-140 on behalf of the foreign worker. Form I-140 serves as a petition to classify the foreign worker as an immigrant worker in either the EB-2 or EB-3 visa category, depending on the qualifications of the applicant.
Priority Dates and Visa Bulletin: Upon approval of Form I-140, applicants are assigned a priority date, which determines their place in line for visa processing. Priority dates are crucial, especially for applicants from countries with high demand for immigrant visas, as they must wait for their priority date to become current before proceeding with the final stage of the immigration process.
Adjustment of Status or Consular Processing: Once the priority date becomes current, applicants can proceed with the final stages of the immigration process, which may involve either adjustment of status (if the applicant is already in the United States) or consular processing (if the applicant is outside the United States). Successful completion of these final stages results in the issuance of a green card, granting the applicant permanent residency in the United States.
The EB-2 and EB-3 visa categories, along with the PERM labor certification and Form I-140 process, provide foreign workers with valuable opportunities to advance their careers and obtain permanent residency in the United States. By navigating these processes effectively, employers and foreign workers can contribute to the growth and diversity of the U.S. workforce while pursuing their professional aspirations.
