Priority Dates For EB-2 and EB-3 Visas
The priority date is the date on which the USCIS receives the I-140 petition of the applicant. Since there is a limit on how many immigrant visas are issued each year, applications for some visas have developed a significant backlog due to their preference levels.
The Department of State (DOS) publishes a Visa Bulletin every month. The purpose of the Visa Bulletin is to inform candidates about the current final action dates. When the final action date corresponds with the applicant’s priority date, the applicant will be provided with a visa number, and they can submit form I-485. The published final action dates differ according to the applicant’s country of origin.
The most recent date for the availability of a visa number is provided for the different countries and categories for employment-based, family-sponsored, and diversity (lottery) visas and categories.
Transferring EB-3 To EB-2
Many candidates try to transfer their EB-3 applications to the EB-2 category due to the significantly lower waiting period concerning priority dates
However, the candidate can acquire a new position with the same or different employer that is considerably more complex than their original job. This transfer may also require the candidate to have an advanced degree or five years of experience in addition to their bachelor’s degree.
If the candidate can secure such a position, their employer can submit a petition for another PERM Labor Certification for the candidate’s new position. Once all this is done, the employer can submit a new I-140 application and make a request to retain the old priority date.
Since this process can easily be quite complex, it will be in the benefit of the candidate to get the help of an experienced immigration attorney.
Here are some final tips you should consider. The candidate must examine the process carefully to decide on the most suitable option. An honest evaluation of their skills, schooling, and years of appropriate industry experience will help decide which category is the best fit.
The candidate should look for the minimum conditions for employers and employees by working with the help of an immigration expert. This way, they can present their best when they are being considered for a green card..
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