How does the EB-2/EB-3 with sponsor work?

In this process, an employer that has a job offering for which qualified workers are not available in the United States may petition for an alien through a labor certification and qualified job offer.

 

What is the difference between and EB2 and EB3?

An EB2 requires an advanced degree or equivalent. An EB3 is a professional visa for applicants with a bachelor degree, skilled workers with at least 2 years of relevant experience, or unskilled workers.

 

What are the pros and cons of an EB-2/EB-3?

The process has several steps and requires the employer to obtain a prevailing wage determination and a labor certification prior to filing an I-140, which takes approximately 18 months. After the labor certification process is complete, the I-140 is filed and it may take up to 1 year to be adjudicated unless premium processing is used.  If the employee is legally present in the US, an adjustment of status with employment and travel authorization may be filed concurrently with the petition. 

 

What are the application fees for an EB2/EB3?

The I-140 petition application fee is $700. If the employee will adjust status in the United States, there is an additional fee of $1,225.00 (for each family member – or $750 for children under 14). Also, if the employer chooses to use premium processing the I-907 fee is $2500.

 

Can I apply for EB-2/EB-3 from outside the US? What is the difference?

Yes, you can apply from outside the United States. In that case, after the employer goes through the prevailing wage determination and labor certification, the employment-based visa petition will first be analyzed in the United States by the USCIS and, once it is approved, you and your family will go through consular processing and an interview will be scheduled at the relevant Embassy or Consulate before you are allowed to come to the United States and receive your Green Card.

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Can I get an EB-3 without any experience or any degree?

Yes. The EB-3 also applies to non-skilled workers, who must only demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience) - that is not of a temporary or seasonal nature - and meet the other requirements of the labor certification.

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How long does the EB-2/EB-3 take?

The entire process can take approximately 2.5 years.

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How can I go from an EB-2/EB-3 to citizenship?

After the EB-2/EB-3 is approved, the beneficiary and his/her family will receive permanent residency and a Green Card valid for 10 years. After 5 years of permanent residency, they may apply for citizenship, provided that all conditions are met.

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Is there an EB-2/EB-3 adjustment of status interview?

It depends. In general, all adjustment of status applications require an interview. However, USCIS may use its discretionary power to waive interviews.

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Can I apply for premium processing? How does it work?

Yes, premium processing is available for an additional fee of $2,500.00, payable upon submission of the I-140 petition (or after). If you choose the premium processing service, the USCIS will adjudicate your case or send a Request for Evidence within 15 calendar days.

 

Will premium processing increase my chances of approval?

No, premium processing does not increase or reduce the chances of approval.