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?