EB-2 and EB-3 Employer-Sponsored Green Cards
Guide
The most common employment green cards for graduates with a U.S. job offer, plus the National Interest Waiver, which can skip the job offer entirely.
Written by Diane Rish, Immigration Lawyer and Deputy Director, Talent Mobility Fund and the International Student Resource
Last updated: July, 2026
What Are the EB Employer-Sponsored Green Cards?
EB-2 (second preference) and EB-3 (third preference) are employment-based green cards that normally require a U.S. employer to sponsor you and to complete the Department of Labor's (DoLs) PERM labor-certification process.
Because they sit below EB-1, the wait for a visa is usually longer and depends on your priority date and country of birth, which you can track on the monthly U.S. State Department Visa Bulletin.
The standard employer process (PERM labor certification)
For most EB-2 and EB-3 cases, your employer must first take these steps before you can apply for the green card:
Obtain a prevailing wage determination from DoL (Form ETA-9141), test the U.S. labor market (advertise the position) to confirm no U.S. workers are able, willing, qualified, and available for the position, and then obtain a labor certification (Form ETA-9089) from DoL.
After DoL approves the labor certification, file Form I-140 with USCIS.
The day your employer files the labor certification with DoL becomes your "priority date." Your priority date determines how long of a wait you might have before you are allowed to file your personal green card application.
EB-2: advanced degree professionals
EB-2 is for individuals with an advanced degree (above a bachelor's, or a bachelor's plus five years of progressive experience) who have a job offer for a position requiring at least an advanced degree. To approve the I-140, your employer must show: you hold an advanced degree; your occupation is a profession (normally requires at least a bachelor's for entry); the offered job requires an advanced degree and you meet its education/experience requirements; and the employer can pay the offered wage. USCIS reviews your transcripts/diploma (and a credential evaluation for foreign degrees), O*Net or the Occupational Outlook Handbook for the occupation's typical requirements, the DOL forms, your prior-employer letters, and the employer's tax returns or financials.
EB-2: Special Handling for teaching positions
EB-2 Special Handling is for individuals with an advanced degree who have a job offer for a position requiring at teaching duties. This is similar to the EB-2 for advanced degree holders, but does not have the same extensive labor market test (job recruitment) requirements. This is advantageous for those hired by colleges and universities into teaching, and tenure-track positions.
EB-2: exceptional ability
If you only have a bachelor's degree or your occupation is not a "profession," you may still qualify for EB-2 through exceptional ability. Unlike extraordinary ability (EB-1A, which allows self-petition), exceptional ability generally still requires an employer to sponsor you through the same labor-certification process. USCIS first checks whether you meet at least three of six criteria: a degree/diploma/certificate; at least 10 years of experience in the occupation; a license or certification; a salary consistent with exceptional ability; membership in a professional association; or recognition for significant contributions to the field. Comparable evidence may be substituted. If you meet three, USCIS then reviews all evidence to decide whether you have expertise significantly above that ordinarily encountered.
EB-2: National Interest Waiver (skip the job offer)
The National Interest Waiver (NIW) lets USCIS waive the job-offer requirement and with it, the labor-certification and employer-sponsorship requirements for an advanced-degree professional or person of exceptional ability. You still must qualify as one of those; the waiver does not remove that requirement. You apply on Form I-140, on your own if you wish. USCIS weighs three "prongs" (from Matter of Dhanasar): whether your proposed endeavor has substantial merit and national importance; whether you are well positioned to advance it; and whether, on balance, it benefits the U.S. to waive the job offer and labor certification. You must show more than a general worker shortage or the importance of your field, you must show the implications of your specific work. (See the FAQ "What is the National Interest Waiver (NIW)?")
EB-3: professionals and skilled workers
EB-3 is for those with a bachelor's or lesser qualification. You may qualify as a professional (a bachelor's degree, in an occupation that requires a bachelor's for entry) or as a skilled worker (at least two years of college education, training, or experience). EB-3 always requires an employer to sponsor you through the full labor-certification process and the National Interest Waiver is not available for EB-3. The employer must show your qualifications, that the job requires them, and its ability to pay the wage.
Priority dates and the wait
For all of these, a visa becomes available based on your priority date (the date the labor certification was filed, or the I-140 filing date for NIW cases) and your country of birth. Check the monthly Visa Bulletin for current availability.