No, EB3 generally does not move faster than EB2; in fact, its processing time can be significantly longer.
Understanding EB2 and EB3 Visas
The Employment-Based Second Preference (EB2) and Employment-Based Third Preference (EB3) visas are categories for foreign nationals seeking to become permanent residents in the United States based on their employment. While both categories lead to a Green Card, they cater to different professional profiles and have distinct processing timelines.
Why EB3 Processing is Slower
The primary reason EB3 applications typically take longer to process than EB2 applications stems from the differences in their eligibility criteria and the resulting applicant volume.
Less Stringent Requirements for EB3
Applicants for the EB3 visa category generally have less stringent requirements compared to EB2. For instance, individuals seeking an EB3 visa usually need a minimum of a Bachelor's degree along with at least five years of experience. This broader eligibility criteria means that a significantly larger pool of candidates qualifies for the EB3 category.
Impact of Longer Backlog
Because many more individuals qualify for and apply under the EB3 category, the backlog of pending applications is considerably longer. A longer backlog directly translates to extended waiting periods for priority dates to become current, which is a crucial step in the Green Card process. Consequently, the processing time for an EB3 application may extend to several years more than that for an EB2 application.
Key Differences Between EB2 and EB3
To illustrate the distinctions and understand the disparity in processing speeds, consider the following comparison:
| Feature | EB2 (Employment-Based Second Preference) | EB3 (Employment-Based Third Preference) |
|---|---|---|
| Requirements | Advanced degree (Master's or higher) or exceptional ability in arts, sciences, or business. Often requires a labor certification. | Bachelor's degree and at least 5 years of experience; skilled workers (requiring 2 years training or experience); other workers (unskilled, requiring less than 2 years training/experience). |
| Backlog | Generally shorter | Generally much longer |
| Processing Time | Generally faster | Can be several years longer than EB2 |
| Priority Date | Tends to become current sooner | Tends to remain backlogged for longer periods |
Practical Implications for Applicants
For aspiring immigrants, understanding these differences is crucial for strategic planning.
- Strategic Planning: If an individual qualifies for both EB2 and EB3, pursuing the EB2 category is often the more expedient path due to shorter wait times.
- Waiting Periods: Applicants in the EB3 category should anticipate potentially extensive waiting periods, sometimes spanning many years, before their priority dates become current and they can proceed with their Green Card application.
- Annual Visa Limits: Both categories are subject to annual visa limits set by the U.S. government, and the high demand for EB3 visas often means these limits are reached more quickly, contributing to the backlog.
In conclusion, while both EB2 and EB3 lead to permanent residency, the EB2 category generally offers a faster path due to its more stringent requirements and resulting smaller applicant pool, leading to a significantly shorter processing time compared to EB3.
