EB-3
VS
H-2B
Type
Green card
Nonimmigrant visa
Description
Skilled Workers, Professionals, and Other Workers
Temporary Non-Agricultural Workers
Profiles that typically qualify
Almost any worker
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
Requirements
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.
Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Pros
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that aligns with your experience or qualifications based on its minimum requirements.
Does not focus on individual credentials, making it accessible to a wide range of applicants.
Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.
Flexible in meeting seasonal, peak load, and intermittent labor needs.
Cons
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Subject to semi-annual quotas and a rigid lottery-based application process.
Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.
Spouses and dependents do not receive work authorization.
Sponsorship
Required
Required
Validity period
Permanent residency
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
Every 10 years
Renewable up to 3 years
Without premium processing
Three stages, totaling about 36-48 months1
5-6 months
With premium processing
15 business days2
15 business days
Can spouse work
Yes
No
Disclaimers
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
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Type
EB-3
Green card
H-2B
Nonimmigrant visa
Description
EB-3
Skilled Workers, Professionals, and Other Workers
H-2B
Temporary Non-Agricultural Workers
Profiles that typically qualify
EB-3
Almost any worker
H-2B
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
Requirements
EB-3
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
H-2B
Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.
Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Pros
EB-3
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that aligns with your experience or qualifications based on its minimum requirements.
H-2B
Does not focus on individual credentials, making it accessible to a wide range of applicants.
Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.
Flexible in meeting seasonal, peak load, and intermittent labor needs.
Cons
EB-3
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
H-2B
Subject to semi-annual quotas and a rigid lottery-based application process.
Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.
Spouses and dependents do not receive work authorization.
Sponsorship
EB-3
Required
H-2B
Required
Validity period
EB-3
Permanent residency
H-2B
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
EB-3
Every 10 years
H-2B
Renewable up to 3 years
Without premium processing
EB-3
Three stages, totaling about 36-48 months1
H-2B
5-6 months
With premium processing
EB-3
15 business days2
H-2B
15 business days
Can spouse work
EB-3
Yes
H-2B
No
Disclaimers
EB-3
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
H-2B
-