EB2 vs EB3: Full Cost & Waiting-Time Comparison Chart
Published 2026-08-08 · Sources: U.S. Department of State (cutoffs), USCIS (fees).
Photo: Tingey Injury Law Firm via UnsplashChoosing between EB-2 and EB-3 is one of the first strategic calls an employment-based applicant makes. The instinct is “EB-2 is better, so aim there” — but the August 2026 cutoffs flip that logic for India, where EB-2 is closed and EB-3 is the only open lane. This comparison puts the real August 2026 numbers side by side so you decide with data, not folklore.
Current cutoffs — August 2026 (Final Action Dates)
| Country | EB-2 | EB-3 | Which is more open? |
|---|---|---|---|
| All Areas | C | 01SEP24 | EB-2 (Current) |
| China | 01SEP21 | 01JAN22 | EB-2 (earlier cutoff) |
| India | U | 01JAN14 | EB-3 (EB-2 closed) |
| Mexico | C | 01SEP24 | EB-2 (Current) |
| Philippines | C | 01AUG23 | EB-2 (Current) |
Verbatim from the Visa Bulletin for August 2026. “C” = Current, “U” = Unavailable.
Difficulty & setup
- EB-2: Requires an advanced degree or Exceptional Ability, or a National Interest Waiver (NIW, no PERM). Typically needs a PERM labor certification unless NIW.
- EB-3: Requires a bachelor’s degree or skilled position (2+ years experience). Always requires PERM. Lower qualification bar, but often a later cutoff — except when EB-2 retrogresses, as India EB-2 did in 2026.
Costs: same forms, different strategy
Both paths run through the same core USCIS forms — the I-140 petition, the I-485 adjustment of status, and the work/travel benefits — so the government form fees are the same set for either category. The place where cost actually diverges is strategy: an NIW skips the PERM labor certification, while a standard EB-2 or any EB-3 goes through PERM, and attorney fees scale with that complexity. We don’t quote specific fee amounts here, because those figures sit outside the verified Visa Bulletin dataset and change on USCIS’s schedule. Confirm current amounts at uscis.gov/forms.
Frequently Asked Questions
Is EB-2 always faster than EB-3?
Not always. Cutoffs depend on country. As of August 2026, India EB-2 was Unavailable while India EB-3 was at 01JAN14, making EB-3 the only open employment path for many India applicants.
Do EB-2 and EB-3 have the same government fees?
Both paths use the same core USCIS forms (I-140 petition, I-485 adjustment, plus EAD and Advance Parole), so the form fees are the same set. The real cost difference comes from strategy — an NIW (no PERM) versus PERM sponsorship — and attorney fees, not the form prices.
Can I file both EB-2 and EB-3?
Many applicants retain dual eligibility and use whichever cutoff is favorable, including an EB-3 'downgrade' while EB-2 is pending. This should be reviewed with an attorney.
Which is easier to qualify for?
EB-2 generally requires an advanced degree or NIW; EB-3 requires a bachelor's or skilled position. EB-2 is often harder to set up (PERM + higher degree) but can have a better cutoff — except when it retrogresses, as India EB-2 did in 2026.