EB-2 and EB-3 Visa Requirements

Obtaining an EB-2 or EB-3 Visa

EB-2 – Advanced Degrees and Exceptional Ability

  1. Members of Professions with Advanced Degrees (Masters, Doctorate) or the equivalent.
  2. Persons of Exceptional Ability in the Sciences, Arts, or Business needed in the U.S. for that ability:
    • Expertise significantly above that ordinarily encountered in the sciences, art or business as demonstrated by specific documentation.
    • Must demonstrate a prospective benefit to the US.

A job offer and a labor certification are required. However, if USCIS waives the job offer in the national interest, no labor certification is required. Additionally, should the position fall under a special category (“ Schedule A”) then no labor certification is required. The Department of Labor defines positions that fall under Schedule A such as physical therapists, professional nurses, and foreign nationals with exceptional abilities in the sciences and arts. The employer usually must demonstrate its ability to pay the offered wages.

EB-3 – Professionals and Skilled Workers

  1. Professionals (positions requiring at least a baccalaureate degree)
  2. Skilled Workers (positions requiring at least 2 years training or experience)
  3. Other Workers (positions requiring less than 2 years experience)

A job offer and a labor certification are required.

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