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EB-2 vs EB-3

The EB-2 requires an advanced degree or exceptional ability; the EB-3 accepts professionals with a bachelor's degree and skilled workers. Both usually need an employer and a PERM certification, except an EB-2 with a National Interest Waiver, which needs no employer. If you qualify for both, compare each one's current waiting times.

These two categories differ on 3 of 10 criteria. The full table is below, but if you only have a minute, these are the differences that decide a case.

Where they part ways

  • What it is for

    EB-2 Residence for an advanced degree or exceptional ability

    EB-3 Residence for professionals and skilled workers

  • Needs a sponsor

    EB-2 Yes, except with a National Interest Waiver

    EB-3 Yes, always

  • Prior USCIS petition

    EB-2 Yes, I-140 and PERM unless NIW

    EB-3 Yes, PERM certification then I-140

Full comparison

CriterionEB-2 EB-2 green cardEB-3 EB-3 green card
What it is for The activity the category authorises. Residence for an advanced degree or exceptional ability Residence for professionals and skilled workers
Needs a sponsor Whether someone else has to petition for you. Yes, except with a National Interest Waiver Yes, always
Annual cap How many are issued per fiscal year. 28.6% of the annual employment-based total 28.6% of the annual employment-based total
Lottery Whether access depends on a random selection. None None
Prior USCIS petition Whether a form must be approved before the consulate. Yes, I-140 and PERM unless NIW Yes, PERM certification then I-140
Duration Initial term and cumulative ceiling. Permanent Permanent
Dual intent Whether you can pursue residence without risking the status. It is residence itself It is residence itself
Spouse may work Whether your partner is authorised to work. Yes, derivative residence Yes, derivative residence
Path to residence Whether it leads to a green card or is one already. It is the residence It is the residence
Chile's position What being Chilean changes. None of the backlogs that affect India and China None of the backlogs that affect India and China

Figures verified on 2026-09-11

This table is general guidance, not legal advice or an eligibility assessment.

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