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EB2 v EB3
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Is My Case EB2

EB2 v. EB3?

The approval of a PERM application will enable your employer to file a petition on your behalf for an employment based preference classification.  Employment based Immigrant visas are limited and are allocated  to preference classifications.


Obtaining a labor certification will enable an employer to apply in one of two preference classifications:

EB2 - the Second Preference - is defined to include those "who are members of the professions holding advanced degrees or their equivalent" and must be accompanied by an approved labor certification which demonstrates that the job requires an advanced degree or equivalent.

EB3 - the Third Preference - is defined to include "skilled workers, professionals, and other workers" and must be accompanied by a labor certification.

A PERM application does not include a request for EB2 or EB3 classification.  However, it does set forth what an employer certifies is the minimum requirement for a position.

A PERM application will support a subsequent petition for EB2 classification if the minimum requirement for the position is a masters degree or equivalent, and the beneficiary has a masters degree or equivalent.

An employer cannot specify a masters degree as the minimum requirement for a position which does not require a masters degree.  Even if you have a masters degree, it may not be possible to file a PERM application for you if your job does not require that degree.

Will my case be EB2?

 

 

 

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 The PERM Page
Last modified: September 05, 2008