EB-2 and EB-3 Classification for the Green card Process
Labor Certification is the first step in the second (EB-2) and third (EB-3) preference employment-based immigration (“green card”) categories. Essentially, at this stage of the employment-based green card proceedings the U.S. employer must test the local labor market and prove to the U.S. Department of Labor (DOL) that there are not sufficient workers able, wiling and qualified for the position that they wish to sponsor a foreign national for. The U.S. employer must also prove that employment of the foreign national will not adversely affect the wages and working conditions of U.S. workers. The method currently used by the DOL to certify labor certifications is PERM (Program Electronic Review Management System).
EB-2 Professionals with advanced degrees or persons with exceptional ability
The EB-2 classification is open to 3 types of foreign nationals:
- Exceptional Ability in the Sciences, Arts or Business, or
- With Advanced Degree Professionals, or
- Qualified Alien Physicians who will practice medicine in an area of the U.S., which is underserved.
*Labor certification is required for this category
Individuals with exceptional ability in the sciences, arts or business may apply to waive the labor certification requirement if a waiver would be in the national interest.
A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the U.S. Interested candidates must show proof of their education and posses at least five years work experience.
If you wish to be classified as having exceptional ability in the sciences, arts, or business, you should intend to provide at least three of the following:
- Proof of academic achievement, including diplomas, degrees or certificates from colleges or universities.
- Letters that prove you have at least ten years of full-time experience in your field.
- A license to practice your profession or certification in your specialty.
- Proof that you have received a worthy salary for your services.
- Membership in a professional association
- Recognition in your field from peers, government officials or organizations.
The National Interest Waiver for Qualified Physicians In Underserved Areas:
A physician applying in the EB-2 visa category may be excused from the labor certification process only under two circumstances:
- The petitioner (sponsoring employer) requests a national interest waiver on behalf of the qualified alien physician, or
- The self petitioning alien physician can show his entry into the U.S. is in the national interest.
EB-3 Skilled or professional workers
The EB-3 classification includes aliens with at least two years of experience as skilled workers; professionals with a baccalaureate degree; and other workers with less skill who can contribute abilities unavailable in the U.S.
Skilled workers should have at least two years experience, either through hands-on experience or through post-secondary education.
Professionals should have either a U.S. bachelor’s degree or a foreign equivalent degree.