A Boutique Immigration Law Firm Serving the Bay Area

I have a green card case filed under the EB-3 visa category. Can I move it to the EB-2 visa category?

This question is a common one, especially since the EB-3 visa category is severely retrogressed for all foreign nationals and has been for some time. Unfortunately, though, it is not possible to simply “upgrade” a current EB-3 permanent residency (“green card”) case to an EB-2 permanent residency case. The visa categories are set during the labor certification process and cannot be changed. However, it is possible to file a new permanent residency case under the EB-2 category with a new employer (or, in some instances, with the same employer). The job description and the foreign national’s background must still meet the requirements of the EB-2 visa category. If a new EB-2 case is filed, the foreign national would be able to retain the priority date from the EB-3 case if the Form I-140 from that case was approved.