EB-2 visas are part of the employment-based, second-preference immigration category meant for foreign professionals with advanced degrees or the equivalent (master’s degree or higher, or five or more years of work experience), or foreign nationals who have demonstrated exceptional ability in the sciences, arts, or business. In some instances, a professional with a bachelor’s degree and five years of progressive work experience related to the job being offered may be deemed to possess the equivalent of a master’s degree in the field.

EB-3 visas fall under the employment-based, third-preference immigration category meant for foreign nationals with a bachelor’s degree, or foreign nationals who are skilled workers; workers are considered “skilled” if they have at least two years of work experience relevant to the job being offered. Additionally, there is a subcategory for unskilled workers requiring no more than two years of work experience.

The petitioning employer must prove the following:

  • The position is a full-time job located in the U.S.
  • Job requirements are not tailored to the alien worker’s qualifications.
  • The offered wage meets prevailing wage requirements.
  • It has the financial ability to pay the offered wage.