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EB2/EB3

Sponsorship: Your Pathway to a U.S. Green Card

Are You Seeking a Green Card with a Job Offer in the U.S.?

The employment-based immigration process for EB-2/EB-3 visas is an excellent opportunity for skilled professionals with a job offer in the United States. This process involves three main steps: labor certification, immigrant visa petition, and adjustment of status or consular processing. The EB-2 visa is for those with an advanced degree or equivalent, while the EB-3 visa caters to professionals with a bachelor’s degree, skilled workers, or unskilled workers. With the option for premium processing and concurrent adjustment of status, this could be your chance to build a solid career and a promising future in the U.S.

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What is the difference between and EB2 and EB3?

An EB2 requires an advanced degree or equivalent. An EB3 is a professional visa for applicants with a bachelor degree, skilled workers with at least 2 years of relevant experience, or unskilled workers.

What are the pros and cons of an EB-2/EB-3?

The process has several steps and requires the employer to obtain a prevailing wage determination and a labor certification prior to filing an I-140, which takes approximately 18 months. After the labor certification process is complete, the I-140 is filed and it may take up to 1 year to be adjudicated unless premium processing is used. If the employee is legally present in the US, an adjustment of status with employment and travel authorization may be filed concurrently with the petition.

What are the application fees for an EB2/EB3?

The I-140 petition application fee is $700. If the employee will adjust status in the United States, there is an additional fee of $1,225.00 (for each family member – or $750 for children under 14). Also, if the employer chooses to use premium processing the I-907 fee is $2500.

Can I apply for EB-2/EB-3 from outside the US? What is the difference?

Yes, you can apply from outside the United States. In that case, after the employer goes through the prevailing wage determination and labor certification, the employment-based visa petition will first be analyzed in the United States by the USCIS and, once it is approved, you and your family will go through consular processing and an interview will be scheduled at the relevant Embassy or Consulate before you are allowed to come to the United States and receive your Green Card.

Can I get an EB-3 without any experience or any degree?

Yes. The EB-3 also applies to non-skilled workers, who must only demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience) - that is not of a temporary or seasonal nature - and meet the other requirements of the labor certification.

How long does the EB-2/EB-3 take?

The entire process can take approximately 2.5 years.

How can I go from an EB-2/EB-3 to citizenship?

After the EB-2/EB-3 is approved, the beneficiary and his/her family will receive permanent residency and a Green Card valid for 10 years. After 5 years of permanent residency, they may apply for citizenship, provided that all conditions are met.

Is there an EB-2/EB-3 adjustment of status interview?

It depends. In general, all adjustment of status applications require an interview. However, USCIS may use its discretionary power to waive interviews.

Can I apply for premium processing? How does it work?

Yes, premium processing is available for an additional fee of $2,500.00, payable upon submission of the I-140 petition (or after). If you choose the premium processing service, the USCIS will adjudicate your case or send a Request for Evidence within 15 calendar days.

Will premium processing increase my chances of approval?

No, premium processing does not increase or reduce the chances of approval.


FAQ - Frequently Asked Questions

What is the EB2/EB3 Visa with Sponsor?

The EB2 and EB3 visas are immigrant visa categories that allow foreign workers to obtain permanent residency in the United States with the sponsorship of an employer. The EB2 is intended for professionals with advanced degrees or exceptional abilities in their fields, while the EB3 is for skilled workers, professionals with a bachelor's degree, or other workers performing tasks that require less qualification.


Who can apply?

The EB2 with sponsor is for individuals with an advanced degree (such as a master’s or doctorate) or who possess exceptional abilities in areas such as science, arts, or business. The EB3 is for skilled workers with at least two years of experience, professionals with a bachelor's degree, or workers occupying positions that require less qualification. In both cases, the applicant must have a job offer from a U.S. employer willing to sponsor their application for a green card.


What are the eligibility criteria for the EB2/EB3 with Sponsor?

For the EB2 with sponsor, the applicant must have an advanced degree or exceptional abilities. The employer must prove that there are no qualified American workers for the position, a process known as labor certification. For the EB3, the applicant must have at least a bachelor's degree (for the professionals subcategory) or two years of work experience (for skilled workers). In the case of other workers, the position must be a non-seasonal job that requires less than two years of training or experience.


How does employer sponsorship work?

The U.S. employer must initiate the process by obtaining labor certification from the U.S. Department of Labor, proving that there are no available and qualified U.S. citizens to fill the offered position. After approval, the employer submits an immigration petition (Form I-140) on behalf of the foreign worker. This sponsorship is essential for the approval of the EB2 or EB3 visa and demonstrates that the employer is committed to hiring the applicant for the position.


Benefits

The EB2/EB3 visa with sponsor provides a solid route to obtaining permanent residency in the United States, allowing the worker and their family (spouse and children under 21 years old) to live and work in the U.S. These visas offer security and stability, with the opportunity to advance their career in an American company. Additionally, family members can also obtain work authorization and enjoy the same residency benefits as the primary visa holder.

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