EB-2 / EB-3

Put Your Skills to Work in the United States.

Employer-sponsored permanent residency for skilled professionals — acquire a green card by receiving a job offer from a U.S. employer.

What Is the EB-2 / EB-3?

The Leading Employment-Based Visa Categories.

EB-2 and EB-3 are the most common employment-based visa categories in the United States. EB-2 visa is for workers with an advanced degree or years of specialized experience; EB-3 visa is for skilled workers, workers with bachelor’s degrees, and other job categories.

Both visa categories require labor certification, which involves proving no qualified U.S. workers can perform the job at the prevailing wage. Our immigration law services guide you through this complex process. Visa application timelines are significant — labor certification alone can take 12–24+ months — but the destination is permanent, unconditional U.S. residency.

Employer

Sponsor Required

PERM

Labor Cert. Required

18–48 Mo

Typical Timeline

Key Benefits

Why People Choose EB-2 / EB-3

01

Permanent Residency

Approval grants unconditional, permanent Green Card — the most secure immigration status.

02

NIW Option (EB-2)

The EB-2 National Interest Waiver bypasses PERM for qualified professionals.

03

I-140 Portability (AC21)

Once I-140 is approved, you can change employers in the same field after 180 days.

04

H-1B Extensions

Approved I-140 allows H-1B extensions beyond the 6-year cap.

05

Family Included

Spouse and unmarried children under 21 receive Green Cards as derivative beneficiaries.

06

EAD While Pending

Once PERM and I-140 are filed, adjustment applicants can apply for an EAD and advance parole.

For You If

This is the right fit

  • You have a U.S. employer willing to sponsor your Green Card
  • Your role and qualifications meet EB-2 or EB-3 standards
  • You’re in valid U.S. status and can pursue adjustment
  • You’re willing to go through the PERM recruitment process
  • You’re prepared for an 18–48 month overall timeline

Not the Right Fit If

This is not for you

  • You don’t have an employer sponsor
  • You’re an Indian or Chinese national with a significant priority date backlog
  • You want a self-sponsored or employer-independent path
  • You’re looking for the fastest available Green Card route

Requirements

What’s Required

01

Sponsoring Employer

Sponsorship

A U.S. employer must sponsor the visa application, attest to the prevailing wage through a certified LCA, and demonstrate the ability to pay the offered wage to the workers.

02

Labor Certification

Labor Cert

The sponsoring employer must conduct a supervised recruitment campaign and demonstrate no qualified U.S. workers are available for the job. Typical processing: 12–24+ months. Our immigration law services cover this entire stage.

03

Qualification Standards

Credentials

EB-2 visa: advanced degree or years of specialized experience. EB-3 visa: bachelor’s degree (professionals) or skilled work requiring 2+ years of job training.

04

Ability to Pay

Employer

The sponsoring employer must demonstrate the financial ability to pay the offered wage from the date of filing through to green card visa approval.

Application Process

The EB-2 / EB-3 Journey, Step by Step

Week 1

Visa Category Assessment & Strategy

We evaluate EB-2 vs. EB-3 visa classification, NIW eligibility, and the prevailing wage determination strategy for your job and experience profile.

Months 1–3

Labor Certification Preparation & Filing

We advise on recruitment strategy, document preparation, and ETA-9089 filing. Audit risk mitigation for this critical immigration law stage begins here.

Months 3–24+

Labor Certification Adjudication

The Department of Labor reviews the labor certification application. Our immigration law firm manages all correspondence and audit responses if needed.

After Certification Approval

I-140 Visa Application Filing

We file the I-140 immigrant visa application establishing the beneficiary’s qualifications, degree, and years of experience, and the ability to pay.

Upon Visa Availability

Immigration Status Adjustment or Consular Processing

Once a visa number is available, we file for immigration status adjustment or consular processing through to green card issuance.

Our Services

What AmLaw Does on a EB-2 / EB-3 Case

01

Visa Category Assessment (EB-2 vs. EB-3 vs. NIW)

Evaluate which visa category is most appropriate given your job, degree, and years of experience, and whether the NIW option is available to bypass labor certification entirely.

02

Prevailing Wage Determination

Request and analyze the DOL prevailing wage determination before the recruitment campaign begins as part of the visa application law process.

03

Labor Certification Recruitment & Audit Prevention

Design and document the recruitment campaign to minimize audit risk and ensure defensible documentation under immigration law.

04

ETA-9089 Filing

Prepare and file the labor certification application with the Department of Labor as part of our immigration law services.

05

I-140 Visa Application Preparation

Document beneficiary qualifications, degree, years of experience, and ability to pay in the I-140 visa application.

06

AC21 Portability & Priority Date Strategy

Advise on I-140 portability, job change implications, and priority date optimization as part of comprehensive immigration services.

Why Choose AmLaw

This Practice Was Built Differently.

Selective, Not Volume-Based

Fewer cases — not more. Every client receives direct attorney oversight. You work with the person who knows your case.

Strategy Before Paperwork

We build your immigration strategy first, then structure documentation around it. The form is the last step, not the first.

Long-Term Outcome Focus

We plan the full lifecycle of your case from day one and remain available after approval.

Built for Investors & Talent

Designed around entrepreneurs, high-net-worth individuals, and exceptional professionals. We understand the financial dimensions others miss.

Direct Attorney Access

No junior associates handling your case unsupervised. Senior attorneys review and sign off on all filings.

Multilingual Team

English and Russian — so complex legal concepts are communicated clearly, not lost in translation.

Testimonials

Trusted by Families Worldwide

4.9

Based on verified Google reviews.

Incredible team. From the moment we started working together, it was clear that AmLaw Group operates at a completely different level than general immigration firms.

M

Mikhail Volkov

Immigration Client · 2024

AmLaw consistently went above and beyond. They anticipated issues before they arose and kept us fully informed throughout the entire process. First-submission approval.

A

Andrew C.

Immigration Client · 2023

Charles and his team structured our case from scratch. Exceptional firm — detailed, strategic, and genuinely invested in our outcome.

S

Sarah T.

Immigration Client · 2023

FAQ

Common Questions

What is the difference between EB-2 and EB-3 visa?

EB-2 visa covers workers with an advanced degree (Master’s or higher, or bachelor’s + 5 years of specialized experience) and individuals with demonstrated exceptional ability. EB-3 visa covers workers with a bachelor’s degree, skilled workers with 2+ years of job training, and other workers. Both EB-2 and EB-3 visa require labor certification under immigration law.

What is an EB-2 National Interest Waiver (NIW) visa?

The EB-2 NIW visa allows certain workers to bypass labor certification if they can demonstrate their work is in the national interest. This immigration law pathway typically applies to researchers, scientists, physicians, and certain workers with years of specialized experience.

How long does labor certification take?

Based on current processing, labor certification typically takes 12–24+ months from the prevailing wage determination request through certification. Under immigration law, workers may not reimburse the sponsoring employer for labor certification costs.

What countries have visa backlogs for EB-2/3?

Indian and Chinese nationals face significant backlogs due to per-country annual caps. Current Visa Bulletin estimates show waits of 5+ years for EB-2 India visa and a decade or more for EB-3 India visa.

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