How To Upgrade From Eb3 To Eb2? For applicants with pending I-485 applications, the usual strategy in a case shifting from EB3 to EB2 is to request interfiling for the new, approved EB2 I-140. You may be eligible for an employment-based, second preference (EB-2) permanent worker visa if you are a member of a profession and you have an. Dear Friends, after my success with porting from EB3 to EB2 India and as promised by me a while ago I have come up with all the information/links for anyone to EB3 to EB2. Also, there is no process for upgrading from EB-3 to 1 because EB-1 doesn’t need Labor and will need a fresh petition to be filed by your employer. Let us now see EB.
The U.S. Citizenship and Immigration Services (USCIS) offers employment-based visas that allow eligible foreign nationals to live and work in the United States. Employment-based visas are divided into five categories, or preference levels, with each having a different set of criteria. Employment-based third preference (E3) is the most commonly used visa, but some foreign nationals may wish to upgrade to the employment-based second preference (E2) for better chances of obtaining permanent residency. If you have an E3 visa and would like to upgrade to an E2, here are some tips to help you do so.
The first step in upgrading from an E3 to an E2 visa is to determine if you are eligible for the upgrade. The USCIS requires that you have a job offer from a U.S. employer, and that the job offer must be in a profession that is classified as an E2-eligible profession. Generally, these are occupations in the professional and management fields, such as doctors, lawyers, engineers, and accountants. Additionally, the job offer must be in a field that requires at least a bachelor’s degree and you must have the degree or equivalent experience.
Once you have determined that you are eligible, the next step is to apply for the E2 visa. The application process is similar to the E3 process, with the exception that the employer must submit a Labor Certification Application (LCA) to the U.S. Department of Labor. The LCA is used to verify that the position is not available to U.S. workers and that the foreign national is the best qualified for the position. The employer must also submit an I-140 Immigrant Petition for Alien Worker to the USCIS, along with the required documentation. Once the application is approved, the foreign national can apply for the E2 visa.
In addition to the application process, there are other ways to upgrade from an E3 to an E2 visa. For example, if you have an E3 visa, you may be able to transfer it to an E2 visa if you change employers or change positions with the same employer. Additionally, you may be eligible to upgrade to an E2 visa if you are able to prove that you possess extraordinary ability or qualify for a National Interest Waiver.
Upgrading from an E3 to an E2 visa can be a complex and time-consuming process. There are many factors to consider and it is important to understand the process and requirements before beginning. To increase the chances of success, it is recommended that you seek the assistance of an immigration lawyer or an immigration consultant who can provide guidance and advice throughout the process.
In summary, upgrading from an E3 to an E2 visa can be a beneficial move for foreign nationals who are eligible. To upgrade, you must have a job offer from a U.S. employer and the job offer must be in an E2-eligible profession. Additionally, you must have the required degree or equivalent experience. The application process requires the employer to submit an LCA and an I-140 Immigrant Petition for Alien Worker to the USCIS. You may also be able to upgrade through a job transfer or by proving extraordinary ability or qualifying for a National Interest Waiver. It is important to understand the process and requirements before beginning, and to seek the assistance of an immigration lawyer or immigration consultant if needed.
How to convert from EB3 to EB2, Rajiv S. Khanna, US Immigration Attorney
EB3 to EB2 conversion, by U.S. Immigration Attorney Rajiv S. Khanna, immigration.com. Discussion on EB3 to EB2 porting, EB3 to EB2 conversion, EB3 to EB2 with same employer, EB3 to EB2 with change of employer and more on AC-21 and portability. Free community conference call every other Thursday. Anyone is welcome to call in immigration.com/us-immigration-free-community-conference-calls-procedure OTHER FREE SERVICES FOR YOU: Post your…
EB-3 to EB-2 Upgrades: Reducing Green Card Wait Times By Years Many of our readers are working in the United States pursuant to H-1B status, and have.