1. What are the differences between EB-2 and EB-3 Employment-Based Green Cards?

The EB-2 and EB-3 Employment-Based Green Cards are both categories of permanent residency in the United States. The main differences between the two are:

EB-2:

• It is for foreign nationals of extraordinary ability, advanced degrees, or exceptional talent.
• Requires a minimum of two years of experience in the relevant field.
• Job offer from a U.S. employer is required.
• Petitioner must provide evidence of labor certification from the U.S. Department of Labor (DOL).

EB-3:
• It is for professionals, skilled workers, and other workers (unskilled).
• Requires a minimum of two years of experience in the relevant field, or a bachelor’s degree.
• Requires a permanent full-time job offer from a U.S. employer and labor certification from the DOL.

2. What are the eligibility requirements for an EB-2 Employment-Based Green Card?

The eligibility requirements for an EB-2 Employment-Based Green Card are:

1. The applicant must have an advanced degree or its equivalent, OR

2. The applicant must have a bachelor’s degree plus five years of progressive work experience in their respective field.

3. The applicant must have a job offer from a U.S. employer, and the job must require at least an advanced degree or its equivalent.

4. The applicant must be able to demonstrate that their job is in the national interest to the U.S., or that they have an extraordinary ability in either the sciences, arts, education, business or athletics fields.

3. What occupations are eligible for an EB-2 Employment-Based Green Card?

The occupations eligible for an EB-2 Employment-Based Green Card include advanced degree professionals, individuals with exceptional ability in the sciences, arts, or business, and foreign national workers who are employed in a position that requires a recognized advanced degree or its equivalent. Examples of eligible occupations include research scientists, physicians, college professors, engineers, software developers, and lawyers.

4. How long does it take to get an EB-2 Employment-Based Green Card?

The length of time it takes to get an EB-2 Employment-Based Green Card depends on several factors, such as the country of origin and the current visa availability. Generally speaking, the process can take anywhere from six months to several years.

5. How much does it cost to apply for an EB-2 Employment-Based Green Card?

There is no filing fee for an EB-2 Employment-Based Green Card application. However, applicants must pay the USCIS Immigrant Fee when their adjustment of status application is approved. The fee is currently $220.

6. What is the process for applying for an EB-2 Employment-Based Green Card?

The process for applying for an EB-2 Employment-Based Green Card depends on several factors, including the country of origin, the type of job, and the applicant’s qualifications. Generally, the process involves first applying for an I-140 Immigrant Petition for Alien Worker. This petition must be approved by U.S. Citizenship and Immigration Services (USCIS) before moving to the next step. Once approved, the applicant can apply for an adjustment of status to lawful permanent resident or go through consular processing if outside the US. Finally, the applicant must attend a green card interview with USCIS to complete the process.

7. Is a labor certification required for an EB-2 Employment-Based Green Card?

Yes, a labor certification is required for an EB-2 Employment-Based Green Card. The labor certification is a process by which an employer proves that there are not enough U.S. workers available and qualified to do the job offered to the foreign worker. The employer must also prove that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

8. Is there a priority date for applying for an EB-2 Employment-Based Green Card?

Yes, the U.S. Department of State (DOS) sets a priority date for each Employment-Based (EB) immigrant visa category, which determines when an individual can go through the Immigrant Visa process. The current priority date for the EB-2 category is January 1, 2021.

9. Can a family member of an EB-2 Employment-Based Green Card holder also apply for an Employment-Based Green Card?

Yes, certain family members of an EB-2 Employment-Based Green Card holder may be eligible to apply for an Employment-Based Green Card. These family members include the Green Card holder’s spouse and unmarried children under the age of 21.

10. What are the eligibility requirements for an EB-3 Employment-Based Green Card?

To be eligible for an EB-3 Employment-Based Green Card, you must either be a skilled worker, a professional, or an unskilled worker. You must also have a valid job offer from a U.S. employer, a permanent full-time job that is not temporary or seasonal, and evidence of your qualifications for the job. Additionally, you must meet all of the other eligibility requirements for the particular classification you are applying for. These requirements may include education, work experience, language proficiency, and other qualifications as determined by the U.S. Department of Labor.

11. What occupations are eligible for an EB-3 Employment-Based Green Card?

Occupations eligible for an EB-3 Employment-Based Green Card include: professionals with a Bachelor’s degree, skilled workers with at least two years of experience, and unskilled workers.

12. How long does it take to get an EB-3 Employment-Based Green Card?

The application process for an EB-3 Employment-Based Green Card typically takes between 6 and 8 months. However, processing times may vary depending on the applicant’s individual circumstances.

13. How much does it cost to apply for an EB-3 Employment-Based Green Card?

The cost of applying for an EB-3 Employment-Based Green Card depends on several factors, such as the person’s country of origin, the type of application being filed, and any additional fees. Generally, applicants from most countries should expect to pay around $700 in filing fees, including the $535 application fee, a biometric services fee of $85, and a fraud prevention fee of $80. Applicants may also be required to pay additional fees for processing or filing other documents.

14. What is the process for applying for an EB-3 Employment-Based Green Card?

The process for applying for an EB-3 Employment-Based Green Card is as follows:

1. Determine eligibility: Make sure you are eligible to receive an EB-3 Green Card. This includes meeting the criteria for the job you are applying for and also making sure you have the necessary qualifications, such as education, experience, and English language proficiency.

2. Submit the required forms: This includes Form I-140, Petition for Alien Worker, and Form I-485, Application to Register Permanent Residence or Adjust Status.

3. File your application: Submit your completed forms and supporting documents to the U.S. Citizenship and Immigration Services (USCIS).

4. Wait for a decision: The USCIS will review your application materials and make a decision about whether you are eligible for an EB-3 Green Card.

5. Attend an interview: If your application is approved, you will be required to attend an in-person interview to answer questions about your background and qualifications.

6. Receive a final decision: If all of your paperwork is in order, the USCIS will make a final decision on your application and either grant or deny your EB-3 Green Card.

15. Is a labor certification required for an EB-3 Employment-Based Green Card?

Yes, a labor certification is required for an EB-3 Employment-Based Green Card. The labor certification is a document issued by the U.S. Department of Labor that verifies that there are no qualified U.S. workers available to fill the job position being offered to the foreign worker.

16. Is there a priority date for applying for an EB-3 Employment-Based Green Card?

Yes, there is a priority date for applying for an EB-3 Employment-Based Green Card. The priority date is the date on which a foreign national’s application was filed with the U.S. Citizenship and Immigration Services (USCIS). The priority date determines the place of an applicant in the visa queue. Those applicants with earlier priority dates will have their applications processed before those with later priority dates.

17. Can a family member of an EB-3 Employment-Based Green Card holder also apply for an Employment Based Green Card?

Yes, family members of EB-3 Employment-Based Green Card holders can apply for an Employment Based Green Card.

18. Are there any special considerations or exceptions that may be made when applying for an EB-2 or EB-3 Employment Based Green Card?

Yes, depending on the country of origin, applicants for either an EB-2 or EB-3 Employment Based Green Card may be eligible for a National Interest Waiver (NIW) or Labor Certification Exemption, which could allow them to bypass the standard labor certification process. Additionally, certain individuals may be eligible for a Department of Labor Schedule A designation, which would allow them to bypass the labor certification process. Finally, certain applicants may be eligible for the EB-5 Investor Visa which does not require a labor certification and provides a path to permanent residence for immigrant investors who make a capital investment in a new commercial enterprise in the United States and create or preserve 10 full-time jobs for U.S. workers.

19. Are there any restrictions on travel while waiting for an EB-2 or EB-3 Employment Based Green Card to be approved?

Yes, there are restrictions on travel while waiting for an EB-2 or EB-3 Employment Based Green Card to be approved. USCIS does not generally allow applicants to travel outside the United States while their green card application is pending. Those who wish to travel will need to obtain advance parole from USCIS before traveling.

20. Are there any special requirements that need to be met in order to transfer employment while holding an EB-2 or EB-3 green card?

To transfer your green card from one employer to another, you must file a new Form I-140 petition with the U.S. Citizenship and Immigration Services (USCIS). The new employer must also submit evidence of their ability to pay your wages. They must also provide a job offer letter, a permanent labor certification application, and other evidence showing that they are legally able to sponsor you for permanent residency in the United States.