When it comes to working in the United States on a permanent basis, employment-based visas—also known as EB visas—offer a pathway to lawful permanent residency (green card status) for qualified foreign nationals. Among the EB visa categories, the EB-1, EB-2, and EB-3 are the most commonly pursued. But which one is right for you—or your company?
Here’s a breakdown of the differences between these visa types and guidance on which may be best suited to your situation.
What Are EB Visas?
EB visas are immigrant visas issued to individuals who seek to live and work permanently in the U.S. based on employment or professional qualifications. These visas are grouped into five preference categories. The three most popular are:
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EB-1: First Preference
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EB-2: Second Preference
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EB-3: Third Preference
Each category is designed for different levels of skill, education, and experience.
EB-1 Visa – First Preference
The EB-1 is reserved for individuals with extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers.
Key Highlights:
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No labor certification required
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Fastest processing time among the EB visas
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Self-petition allowed for individuals of extraordinary ability
Ideal Candidates:
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Scientists, artists, athletes, and business professionals recognized internationally
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Professors with significant academic contributions
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Executives who have worked for multinational companies
EB-2 Visa – Second Preference
The EB-2 visa is for professionals holding an advanced degree (beyond a bachelor’s) or individuals with exceptional ability in their field.
Key Highlights:
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Labor certification generally required (PERM)
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National Interest Waiver (NIW) available for qualified applicants, allowing self-petition
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Processing time is generally faster than EB-3, though longer than EB-1
Ideal Candidates:
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Engineers, physicians, scientists, or educators with graduate-level education
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Professionals whose work benefits the U.S. economy, culture, or welfare (NIW)
EB-3 Visa – Third Preference
The EB-3 visa is aimed at skilled workers, professionals, and other workers.
Key Highlights:
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Labor certification required
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Longest processing time of the three due to high demand
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More accessible eligibility criteria
Ideal Candidates:
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Professionals with a bachelor’s degree
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Skilled workers with at least two years of experience or training
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Unskilled workers for positions where qualified U.S. workers are unavailable
Which One Is Best for You (or Your Company)?
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If you’re a world-renowned professional or executive, the EB-1 might be your best bet.
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If you hold an advanced degree or possess exceptional skills, the EB-2—especially with a National Interest Waiver—could be ideal.
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If you’re a company looking to fill mid-level professional or skilled labor roles, the EB-3 may be the most applicable.
Keep in mind, all employment-based green card categories are subject to priority dates, country caps, and backlogs, especially for applicants from high-demand countries like India and China. Choosing the right path not only affects your eligibility but your processing timeline as well.
Navigating the EB Visa Process with Confidence
Whether you’re an individual pursuing a new opportunity in the U.S. or a company seeking to fill key roles, understanding which visa to pursue is crucial. The immigration attorneys at Bogin, Munns & Munns have extensive experience guiding both workers and employers through the complexities of U.S. business immigration law.
Let us help you find the best visa strategy to meet your goals.
📞 Contact us today to schedule a consultation with our immigration team or visit www.boginmunns.com to learn more about our employment-based immigration
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