EB-2 vs EB-3 India: what is the difference?
US federal rules as of 31 October 2026. Sources re-checked against official pages on 30 October 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
For applicants from India, EB-2 vs EB-3 is a choice between two employment-based green card categories. Both usually start with an employer and a labor certification, and both are limited by the per-country cap that affects Indian-born applicants. Which one you qualify for depends on your degree, experience and the job, and your attorney should decide.
How does USCIS define EB-2?
- Advanced degree professionals: a US advanced degree or foreign equivalent, or a bachelor's degree plus at least five years of progressive experience in the specialty. The job must require it.
- Exceptional ability: expertise significantly above the ordinary in the sciences, arts or business, shown by at least three of six listed criteria.
- A labor certification is usually required, unless a Schedule A occupation or a national interest waiver applies. See NIW from India.
How does USCIS define EB-3?
- Skilled workers: jobs that need at least two years of training or experience.
- Professionals: at least a US bachelor's degree or foreign equivalent, in a job that requires one.
- Other workers: jobs that need less than two years of training or experience.
- All EB-3 petitions need a permanent, full-time job offer from a US employer and, usually, a labor certification.
Why does it matter for Indians?
Each category and country has its own cut-off date in the Visa Bulletin, and the two Indian dates are different. A match to one category can mean a different wait than the other. Do not guess. Read how to read the Visa Bulletin and the backlog guide.
What should I do?
- Ask the employer's attorney which category the job in the labor certification supports. The category follows the job requirements, not your preference.
- Keep proof of degrees, an equivalency evaluation and experience letters. See the documents checklist.
- Read PERM, EB-3 and the green card from H-1B.
Scam warning
See avoiding immigration scams and job scam safety for India. No one can sell you an H-1B, a lottery win or a green card place. Only the employer files an H-1B registration, and you never pay for it.
What are the evidence rules side by side?
| EB-2 | EB-3 | |
|---|---|---|
| Education or experience | Advanced degree, or bachelor's plus 5 years of progressive experience; or exceptional ability | Skilled workers need 2 years of training or experience; professionals need a bachelor's; other workers need less than 2 years |
| Can experience replace a degree? | For the advanced degree, a bachelor's plus 5 years counts as equivalent to a master's | USCIS says education and experience may not be substituted for a bachelor's degree for professionals |
| Labor certification | Usually, unless Schedule A or a national interest waiver | Usually, unless Schedule A |
| Self-petition | NIW only | No |
| Family | Spouse and unmarried children under 21 may be eligible | Same |
How do the dates work?
USCIS says each category and country of chargeability has its own cut-off date in the Visa Bulletin, and a visa is available when your priority date is earlier than that cut-off in the applicable chart. For labor-certification cases, your priority date is the date DOL accepts the application for processing. For cases without one, it is the date USCIS accepts Form I-140. To keep a date based on a labor certification, file the I-140 within 180 days of the DOL approval.
Can the category change?
The category follows the requirements of the job on the labor certification and the evidence that you meet them. USCIS does not describe a switch process on its category pages, so ask the employer's attorney if your degree or the job changes.
Step by step: choosing with HR
- Ask which category the employer will file and why.
- Ask what minimum education and experience the PERM job will require.
- Check that your documents meet those requirements, including an equivalency evaluation for a degree from India.
- Ask who will pay: the employer cannot seek or receive payment for activities related to the labor certification, according to DOL's rule summarized on the PERM page.
- Check your priority date regularly.
Common mistakes
- Choosing the category by which date looks shorter this month. Dates move.
- Counting experience that was not full-time or not progressive.
- Assuming your job title decides the category. The requirements on the labor certification do.
FAQ
Is EB-2 always better than EB-3? No. Dates differ by month and country. Qualification decides what is available.
Do I need PERM for both? Usually yes. See PERM.
Sources
- USCIS, EB-2 Second Preference, https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2, accessed 31 October 2026
- USCIS, EB-3 Third Preference, https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3, accessed 31 October 2026
- USCIS, Visa Availability and Priority Dates (last reviewed 24 January 2025), https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates, accessed 31 October 2026
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.