Eb-2 Petitions are for professionals who have an advanced degree (or a foreign equivalent) or exceptional ability. It is reserved for the second preference category of worker. The EB-3 third preference category is reserved for “skilled workers,” “professionals,” and “all other workers” which includes unskilled labor. These petitions require a full-time job offer from a U.S. employer and a Labor Certification.
Employment Based Immigration
The Labor Certification
The EB-2 and EB-3 petitions (Form I-140) must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089. This is only reserved for “Schedule A, Group I” positions that have been deemed to have a U.S. shortage, like nurses and physical therapists.
The Green Card Process
With a Labor Certification, a U.S. employer can submit a Form I-140 Petition to USCIS. Once approved, the foreign national can become a lawful permanent resident. If there is a visa immediately available and he or she is in the United States with a valid, non-immigrant status, he or she can apply for a green card (Form I-485) with the petition. This is called concurrent filing.
If the foreign national is outside the United States, he or she can apply for an immigrant visa abroad (DS 260). This is called Consular Process. The foreign national’s spouse and eligible children can also immigrate as lawful permanent residents.
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