Comparing EB-1, EB-2, EB-3 is a necessary step for anyone considering employment-based settlement in the US. These three categories all lead to a green card but differ markedly in conditions, speed, and documentation requirements. Choosing the right category can save many years and avoid an unsuitable case. This article analyzes each category.
No category is “best” for everyone. The right category depends on each person’s qualifications, credentials, capital, and willingness to wait.
Comparing EB-1, EB-2, EB-3 by conditions
The three categories are ranked in descending order of priority, with correspondingly descending conditions. EB-1 is for people with extraordinary ability, professors, outstanding researchers, or multinational managers. EB-2 is for people with advanced degrees or exceptional ability. EB-3 is for skilled workers, professionals, and unskilled workers.
The higher the category, the stricter the conditions, but processing is usually faster. The third category has the most accessible conditions, so it also draws the highest demand and has the longest wait.
Differences in the PERM requirement
An important distinguishing point is the PERM labor certification step. According to U.S. Department of Labor (DOL), the EB-2 category (except for the national interest waiver) and EB-3 category both require going through PERM. This is the step where the employer proves it could not find a suitable US worker.
By contrast, EB-1 does not require PERM, and in some cases even allows self-petitioning. This makes EB-1 significantly faster, but in exchange the conditions are very high, which most workers cannot meet.
Differences in processing time
On overall time, EB-1 is usually fastest since it skips PERM. EB-2 and EB-3 must add PERM processing time, which can take from several months to over a year depending on the period.
Within the third category specifically, the priority-date wait also depends on country and sub-category. For most applicants outside heavily backlogged countries, the wait ranges from months to a few years. This is a factor to weigh carefully when comparing.
Which category to choose based on circumstances
The choice of category should be based on an honest comparison between your ability and each category’s conditions:
- Have extraordinary ability, outstanding achievements: consider EB-1.
- Have an advanced degree or exceptional expertise: consider EB-2.
- Have a trade, experience, or are an unskilled worker: EB-3 is usually the practical choice.
Declaring a higher category than your actual qualifications will lead to a denied case. So, suitability matters more than speed.
Summary
Comparing EB-1, EB-2, EB-3 shows each category serves a different group, with a trade-off between conditions and time. For most Vietnamese workers without outstanding credentials or large capital, the third category is the most feasible path. You should choose the category that truly reflects your actual ability.
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References
- U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/working-in-the-united-states/permanent-workers
- U.S. Department of Labor (DOL) – https://flag.dol.gov/programs/perm
Read more: Overview of the EB-3 visa for US immigration · EB-3 versus skilled settlement in Germany: Comparing two paths
