Are you looking into obtaining an EB-2 or EB-3 visa in the United States after accepting a formal job offer?
In this article, we will go over the essential information you need to know about the EB-2 and EB-3 visas so you can choose the right category for you.
We’ll also explain the beginning steps of the application process to help you get started. Keep reading to learn more!
How to Apply for an EB-2 Visa
An EB-2 visa is a second-preference employment-based immigrant visa (Green Card) for foreign nationals who have an advanced degree, a foreign equivalent degree, or exceptional ability.
Follow these basic steps to apply for an EB-2 visa from outside the U.S.:
- Permanent Labor Certification (PERM): The employer submits this to the Department of Labor.
- Form I-140: Your employer files Form I-140 once the PERM has been approved to prove you meet the requirements for the EB-2 visa with the necessary documentation.
- Consular Processing: Once Form I-140 is approved, your case will be transferred to the National Visa Center (NVC) to pay the visa application fees and file Form DS-260.
An interview will be scheduled for the EB-2 applicant at a local U.S. embassy or consulate. Wait times for the interview will depend on the specific U.S. embassy or consulate.
The applicant must gather all the required civil documents and bring them to the interview. A consular officer will approve or deny the application based on the interview performance and documents provided.
How to Apply for an EB-3 Visa
The EB-3 visa is a third-preference employment-based immigrant visa for foreign nationals who are skilled workers, professionals, and other workers who meet specific requirements of the job opportunity.
The EB-3 visa application process is very similar to the EB-2 visa application process. The main difference between these two categories is eligibility criteria.
What is Form I-140?
Form I-140, “Immigrant Petition for Alien Workers,” must be filed by the employer to petition any foreign national offered a job to work in the U.S. It helps USCIS to verify that the employee meets the qualifications needed to apply for an employment-based Green Card and that the employer can pay the agreed prevailing wage.
It is important that your employer applies for a Permanent Labor Certification (PERM) using Form 9089 through the Department of Labor in order to file Form I-140 unless they apply for a National Interest Waiver.
Refer to the full I-140 instructions (linked above)for more detailed guidance on how to complete this essential petition.