Check list to Downgrade from EB2 to EB3

Staff September 24, 2020 3 0

Are you eligible to downgrade to EB2 to Eb3? Checklist on filing the subsequent I-140 EB-3 petition:

Be sure the beneficiary qualifies under the new category;
Do not revoke or withdraw the initial I-140 petition;
Indicate on the cover letter that you are filing a subsequent I-140 petition in accordance with 8 CFR $204.5(e), indicate the classification you are seeking, and explain that an original labor certification is not attached because it was filed with a previous I-140 petition;
Include the PERM number on page 3 of the I-140, check the appropriate box noting that the original labor certification was previously filed, and include the previous I-140 receipt number in an attached explanation;
Include all evidence of the beneficiary’s qualifications for the position offered, as well as documentation of the employer’s continuing ability to pay the prevailing wage;
Include a copy of the EB-2 I-140 approval notice, which will contain a priority date and file number;
Provide a copy of the approved labor certification.

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FAQ’s
Do I need to file a new PERM if DOWNGRADE to EB2 to EB3?
New EB-3 PERM is NOT Required if your working with the same employer.
Can retain the previous priority date?
Yes
Can file the I-485 to adjust your status alongside the EB-3 I-140?
Yes
I-140 petition, premium processing is allowed?
Yes, if the I-140 is filed with the same service center as the previous
What is the normal processing times for 1-140?
If your application is not accepted in premium processing, it will take around 5 to 7 months.
(USCIS does not allow premium processing when there is no original PERM approval attached to the i140 application.)
What is the Fee for I-485?
I-485 Application to Register Permanent Residence $1,130
For more information, please visit: USICS
If EB-3 downgrade is not successful?
EB-2 petition remains unaffected.

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Source:https://www.usavisanow.com/perm/perm-faq/convert-eb-2-eb-3/|All Information Subject to change, please check with an immigration attorney.