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EB2 Category in Green Card Application Process

Hi William:

For PERM Labor Certification based Green Card case, at what stage of Green Card application do I need to mention whether my case is going to be filed in the EB2 category or the EB3 category? 


At the PERM Labor Certification stage, the requirements for the job offered and the education and/or experience required for the job determine whether the case will fit within the EB2 or EB3 category. This is based on the minimum qualifications listed for the position. The U.S. Citizenship and Immigration Services (USCIS) determines the EB2 or EB3 at the I-140 stage, when issuing the I-140 approval notice. 

Form I-140 has checkboxes for the petitioning employer to request the appropriate category. However, this selection is not simply based on one's preference. The selection is dictated by the job requirements, in terms of education and experience, according to the minimum requirements for the position set forth in the PERM Labor Certification. Thus, if the minimum requirements for the job set out in the Labor Certification fall within EB3, the I-140 must be filed in the EB3 category. 

Any changes in the position must be made in a new Labor Certification filing. If one is promoted and wishes to use the new position as the basis for the Green Card case, a new Labor Certification filing is needed; it is not possible to make such changes at the I-140 stage. 

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