EB-2 and EB-3 Green Card: Key Differences in These Employment Based Green Card Categories

What is the Difference Between EB-2 and EB-3 Green Card Categories:
What Is Your Category, How Is It Determined, and Why Does It Matter?

The PERM employment-based green card process includes various classifications that impact how long you may have to wait for a green card. There are two primary categories for the PERM-based green card filings, EB-2 and EB-3.

What Are EB-2 and EB-3 Classifications?

EB-2 Classification

The EB-2 category includes I-140s based on a National Interest Waiver filing, or for PERM-based green card applications, the EB-2 classification is for positions that require a minimum of:

• A master's degree or higher, or
• A bachelor’s degree plus at least five years of progressive experience.

EB-3 Classification

The EB-3 category for PERM-based green card application is positions that require a minimum of:

• A bachelor’s degree or
• At least two years of experience.

There’s also an EB-3 "Other Workers" subcategory for roles requiring less than two years of experience.

How is Your Category Determined?

Your classification (EB-2 or EB-3) depends on two key factors:

1. The position’s minimum requirements as defined in the PERM Labor Certification. That is, the minimum requirements that the employer determines are necessary for the position will ultimately determine if your case falls in the EB-2 or EB-3 classification.
2. Your qualifications, including your degree and experience, relative to those requirements. If the position requires a master's degree and three years of experience, then the case would likely fall into the EB-2 category, but remember that the beneficiary of the PERM/I-140 has to have those requirements. If you don't have the required education and/or experience, the PERM labor certification and/or I-140 petition will be denied.

When is the EB-2 or EB-3 Decision Made?

The EB-2 or EB-3 designation is formally made when we submit the I-140 petition. When we prepare the Form I-140, we (the attorneys) mark a box on the form that indicates if the position falls into the EB-2 or EB-3 classification. This classification is reflected on the I-140 approval notice. However, remember that whether the classification can be considered EB-2 or EB-3 depends on the factors listed above - the employer's minimum requirements for the position, and the beneficiary's qualifications.

Can You Change Between the EB-2 and EB-3 Classifications?

Yes, it's often possible to change between the EB-2 and EB-3 classifications. Sometimes a foreign national will file what's commonly called a downgraded I-140 petition, meaning they already have an EB-2 I-140 petition filed, and they are "downgrading" to EB-3. Sometimes a foreign national will change jobs internally with the same company, and file a second PERM and I-140, which could be in a different classification, or sometimes a foreign national will change jobs, and a new job will result in a PERM/I-140 that falls into a different visa classification (EB-2 vs. EB-3 earlier, for example). This flexibility can benefit applicants based on current visa bulletin wait times.

Why Work with Sumner Immigration Law?

For employment-based green cards, precise category selection is essential. Sumner Immigration Law helps clients optimize strategies and make educated, strategic decisions. If you need guidance on EB-2 vs. EB-3 classifications or other immigration matters, contact us for a consultation. We assist clients across the U.S. and internationally.