EB-2 vs EB-3 Green Cards in San Diego
Both categories lead to permanent residence but apply to different types of workers. Schedule a ConsultationGreen Card for Professionals with Advanced Degree or Skilled Workers
EB-2 (Advanced Degree or Exceptional Ability)
The EB-2 and EB-3 categories allow U.S. employers to sponsor foreign workers for permanent residence through the PERM labor certification process.
For both businesses and international professionals looking to navigate this multi-stage pathway, partnering with a knowledgeable EB-2 and EB-3 visa lawyer in San Diego is essential to ensure compliance with complex federal regulations and secure a smooth transition to permanent residency.
EB-2 vs. EB-3
Understanding the key differences between these two employment-based classifications is critical. A qualified EB-2 and EB-3 visa lawyer in San Diego can help analyze your corporate role and educational background to determine which category fits your profile:
EB-2
The EB-2 category is generally used for positions requiring the following:
- A master’s degree or higher; or
- A bachelor’s degree plus five years of progressive experience.
EB-2 may also apply to individuals with exceptional ability in sciences, arts, or business.
EB-3
The EB-3 category applies to the following:
- Skilled workers;
- Professionals with a bachelor’s degree; and
- Certain other workers requiring less experience or training.
Qualifying Professional Position.
The PERM Process: Step-by-Step
Most EB-2 and EB-3 cases involve a structured, multi-agency process that requires meticulous attention to detail. Working alongside an experienced EB-2 and EB-3 visa lawyer in San Diego helps employers successfully manage each critical phase:
- Prevailing Wage Determination (PWD): Securing the required wage rate from the Department of Labor (DOL).
- PERM Recruitment Process: Conducting mandatory, highly regulated advertising campaigns to test the local U.S. job market.
- PERM Labor Certification Filing: Submitting Form ETA 9089 to the DOL.
- Form I-140 Immigrant Petition: Filing the employer’s petition with USCIS once the PERM is certified.
- Adjustment of Status or Consular Processing: The final step for the professional and their family to obtain their physical Green Cards.
What USCIS and DOL Look For
PERM-based cases require careful compliance with Department of Labor and USCIS regulations, including:
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- Proper job requirements and minimum entry standards
- Recruitment compliance and strict documentation of applicant reviews
- The employer’s continuous ability to pay the offered wage
- The employee’s specific qualifications prior to the job offer and
- An accurate, individualized filing strategy.
Errors in recruitment, job descriptions, or filing procedures can result in audits, denials, or significant delays. Properly addressing these items early with an EB-2 and EB-3 visa lawyer in San Diego mitigates these risks from the outset.
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How an EB-2 and EB-3 Visa Lawyer in San Diego Assists
At Carla Caballero Immigration Law, we assist both employers and professionals with EB-2 and EB-3 sponsorship matters. As your EB-2 and EB-3 visa lawyer in San Diego, our services may include the following:
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- Evaluating eligibility and selecting the appropriate visa category
- PERM strategy and recruitment planning
- Prevailing wage analysis and job duty alignment
- Labor certification filings
- Preparing and filing I-140 petitions
- Guiding you through adjustment of status or consular processing.
Schedule a Consultation
Employment-based green card cases require careful legal and strategic planning from the very beginning of the PERM process.
Schedule a consultation with an EB-2 and EB-3 visa lawyer in San Diego today to discuss eligibility, sponsorship strategy, and the next steps for your EB-2 or EB-3 case.
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