What is the best option for a visa: EB2 or EB3? Because both visas are long-term, require a heavy investment, and have different requirements, there is no general answer. Here are some important considerations to know before choosing either of these two visas.
Description of EB2 vs EB3 visas
The EB2 vs EB3 visas are employment-based immigrant visas. This means that you will need a US employer to sponsor you. Also, there should be no other qualified and willing American workers for the job.
As a permanent resident, you have many benefits, including the following:
1. You will be able to live and work in the United States.
2. It will be easy for you to enter and leave the United States.
3. You will be able to sponsor your family members to receive immigration benefits.
4. As a permanent resident, you are on your way to US citizenship.
5. You will have the ability to study in the United States.
Both visas have many benefits and can be helpful to you; however, it is important that you understand the differences. This will allow you to determine which visa is the most appropriate for you.
What are the EB2 vs EB3 visa requirements?
Another difference between the EB2 vs EB3 visa is the requirements. As mentioned above, the requirements for the EB2 visa and the EB3 visa have similarities and differences.
United States Employer Sponsor
With both visas, you must have a job offer from a US employer and this employer must be willing to sponsor you. The only exception here is if you are applying under the National Interest Waiver category under the EB2 visa. The national interest waiver is a special subcategory of the EB2 visa for people who will work in a field of national interest, this means that you can apply for the EB2 visa without being sponsored by an employer.
For both visas, the employer sponsor must obtain a labor certification approved by the United States Department of Labor, this must show that he tried to hire a qualified American worker, but was unable to do so successfully.
An exception to the requirement to obtain an approved labor certification is the national interest exemption. As we explained above, the national interest waiver is a special subcategory of the EB2 visa, available to people who will be working in a field of national interest. In this category, neither a job offer nor a full labor certification is required.
Education and experience
One of the main differences between EB2 vs EB3 visas has to do with the education and experience required to qualify in each category. The EB2 visa is the second preference employment visa and the EB3 visa is the third preference employment visa, this means that the requirements for the EB2 visa are more stringent. To qualify for an EB2 visa you must have advanced degrees, have exceptional ability or benefit a national interest, the applicant must demonstrate work experience, important awards or other evidence.
On the other hand, the EB3 visa has less strict requirements. People who are professionals, skilled workers and unskilled workers are eligible for this visa, these professionals are people with bachelor’s degrees or higher. Skilled workers are individuals with two (2) or more years of relevant work experience.
For both the EB2 and EB3 visas, the employer must first go through the sponsorship process and obtain labor certification from the Department of Labor.
However, the employer must go through a second stage in order to present its applicant. The eligible employer must first become eligible with USCIS as an eligible EB employer. This means that the main requirement is to have at least twelve (12) permanent workers or thirty (30) temporary contracts with periods between sixteen (16) and three (3) years. Likewise, you must submit your application to obtain the EB employer, which consists of an online form with questions related to the sponsor EB and his EB workers.
If you have questions about the best visa for your situation or need legal support during your process, do not hesitate to contact us at (909)319-7103 / 1 (800) 559-7170, visit us at 228 West C Street Ontario CA 91762 or contact us through the following form.
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