Can I Change EB2 to EB3?

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As a foreign national, it is important to have a valid visa for the entirety of your time in the United States. There are a number of different visas that may be available to you, depending on your nationality and your specific situation. Each month, the US administers hundreds of different visas to people from countries around the world.

If you’re currently in possession of a visa, you may be wondering if you’re able to change this to another type of visa. For example, is it possible to change an EB2 visa to an EB3? This article will take you through everything you need to know about this.

What Is an EB2 Visa?

The EB2 visa’s official title is the Employment-Based Immigration: Second Preference Visa. It is awarded to those who show exceptional skill in certain areas. Those who hold advanced degrees in specified professions may also qualify.

Those seeking this visa must be able to produce a number of different supporting documents proving their good standing in a relevant profession. These include things such as academic transcripts, official accreditations, and recognition of your achievements.

If the holder of an EB2 visa has a I-140 petition approved, their family members may be eligible to join them in America through E-21 and E-22 immigrant status.

What Is an EB3 Visa?

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An EB3 visa is officially known as the Employment-Based Immigration: Third Preference Visa. This visa is similar to the EB2 visa, though is widely regarded as easier to obtain. This visa is open to skilled workers, professionals, and other types of workers.

For this visa, you will also have to produce supporting documentation, however, the standards are not as rigorous as for the EB2 Visa. Any recipient of this visa is required to have the relevant labor certification and a permanent, full-time job offer. As with the EB2 Visa, family members of the EB3 visa may be eligible to come to America, albeit under a different immigrant status.

EB2 to EB3 Downgrade

So if you are the holder of an EB2 visa, is it possible for you to make the “downgrade” to an EB3 visa? The short answer is yes. The vast majority of people who are eligible for the EB2 visa will also qualify for the EB3 visa.

There is a process that you will need to go through and have approved in order for this to happen. Your employer will need to file an I-140 petition for Alien Worker and a PERM labor certification. Once this has been approved, the EB2 to EB3 downgrade will be complete.

Sort Out Your Visa Status Today

If you’ve recently switched employers or started a new position, it may be necessary for you to make the switch from an EB2 to EB3 visa. If you are going to do this, it’s important to go through the proper channels and ensure you do everything by the book. Consider seeking legal advice to make sure that you follow all of the necessary protocols in place.

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