Is it predecided whether GC application will be EB-2 or EB-3?


In which step it is decided whether my green card application will be selected for EB-2 or EB-3?

I have 9 years+ work exp and I did BTECH in Comp Sc & Engineering with MBA (Project Manegment). Both degrees were earned from India. I am working in USA for the last + year.

My attorney is confusing me and saying that I qualify for EB3 as my Client Letter which I provider her (this was prepared for the purpose of H1B amendment) suggests so.

Is this a valid statement?

Does USCIS has any clear documentation which says how it is decided the EB category?

How much of the work experience was outside GC sponsoring employer?

EB category is determined by offered job requirements and your profile.

Hi Saurabh,

Thanks for the response. I have 9 years and 3 months of work exp. Out of that I am working for the present employer for the last 1 year and 1 Month. They sponsored my H1B VISA while I was in India and my case was selected and got my visa stamped through them and since then working in a Client Project in USA. My employer has offices in India, USA and in Canada. I am B.Tech (CSE) with MBA (Project Management).

So you have more than 5 years of work experience outside current employer. That takes care of 1 EB-2 requirement.

If the offered position requires someone w/ Masters or Bachelors + at least 5 years of work experience, then it would take care of the other EB-2 requirement.

Check w/ employer what the GC job requirements are, and then you can be sure that you qualify for EB-2.

I am deputed to a client project and my employer is a staffing company. Now the question, whom should I ask for the GC job requirement?

  1. Lets say, attorney submits my application for GC and after 4 to 5 months or before that if I get a better client and think to move how does it affect in my gc processing?

Per the attorney, the job posting should be done in state job site and also to be posted in my local best running newspaper for 2 consecutive sundays. Local means my project location. Now during my perm process is on, can I not change my client?

  1. Can prevailing wage determination along with ad posting go on in parallel?

4.when is the priority year and month decided?

  1. Does perm approval has any cycle per state DOL? Say texas has a timeline, MA has anothet running timeline.

Hello Saurabh,

Could you please respond to my questions…? Thanks in advance.

  1. Your employer will prepare the GC job description.

  2. I am not sure how it works for consulting companies but your job location would be the employer’s location and would contain language that it involves travel etc. Even if project changes, this description would not change. Beside GC job is a future job and doesn’t need to be what you are doing today. You should still be qualified for that future job on today’s date.

  3. Not parallel. First PWD and then as

  4. When the PERM is filed with DOL.

  5. Typical PERM processing time is 8-10 months and it’s first in first out. Different states don’t have separate timelines.