Difference between EB3 and EB2:

If the Job requires at least Mastes degree or Bachelors degree + 5 years of experience in the field then you're qualified for EB2 Category otherwise it'll be EB3 category.

scenario 1: For example: if the job requirement clearly says" Masters Degree or no experience required" and doesn't mention any other requirement except Masters then it's definitely qualified for EB2 !

scenario 2: "The job requires Masters degree or bachelors +3 years of experience"-----> It'll fall under EB3 because of that bachelors +3 alternative mentioned ! (If it was Masters  or bachelors +5 years experience hen it would have fallen under EB2).


So how does EB3 and EB2 affect the Green Card process ?

Usually, for Nepal, if  you file under EB2 (masters degree or bachelors +5), you're most likely to get your green card SOON (a year or less total time if everything goes smoothly).

The waiting period for EB3 is around 4-5 years, so with EB3 it takes many years to get your green Card. You'll have to keep checking

USCIS's Visa bulletin to find out the cut-off dates which are published every month.


Labor Certification Process:

Before you begin the PERM process, the first step would be to get Prevailing wage determination from Department of Labor which gives the minimum salary of the required position in the Area. After DOL gives prevailing wage (takes about 30 days), then company begins with PERM process which involves providing Job ads in Newspapers and various online websites including company websites (for about 30-60 days). After they prepare recruitment report (HR prepares it), then they file your PERM application to department of Labor and DOL usually takes 3-6 months to approve it in normal cases. If it gets audited add few months more in the processing time !

After you get PERM certified (main hurdle is over now !) then your company files I-140 on your behalf, where you submit your degress,other certificates, pay sips etc. The process can be done Premium processing if you need decision soon. Usually premium processing can give you decision in as less as 15 days !.

If you fall under EB2 then you can file I-140 and I-485( last part where you apply for GREEN CARD) concurrently because the EB2 is "Current" most of the time. (ie, you dont' have to wait for your green card for long time).

If you fall under EB3 then you file I-140 and then wait few years (4-5 years or more) to file application of GREEN CARD (I-485).


GREEN CARD FOR WIFE

When you are about to file your last application for Green Card (ie, I-485) then you put your spouses name on the application and she'll also get green card at the same time you get yours ! (BUT SHE HAS TO BE IN USA BEFORE YOU FILE YOUR I-485)


Hope that was little helpful !

 guy_tensed,

Thanks a lot for the information. I really appreciate it.

Thanks,
lazy boy

guy-tensed bro, Thanks for the info

my Labor got audited as they want the company to show that american people has applied for it (advertisement), should i be worried or the consultancy that i am working for takes care ot it?

Unix_user,

There should be a reason why you got the audit for. I too got audited for my labor but it was just random.

like i said they want proof that other (american) people have applied for the advertisement.

There is nothing you need to do from your side I guess. All the resumes and other stuffs of the candidates who applied for that job will be with your employer, they will work out with your lawyer and submit it to DOL and I am sure your employer will do it since they cannot withdraw application at this stage.

Thank you stylish bro

guys,

Currently it shows priority date is jan 1st 2009, what that mean? 2-3 months early, it was current priority date for EB2. Can you guys clearify me please.