If I am denied EB-1C, can I try EB-2 or EB-3 with PERM?

Yes, a denial on EB-1C does not close all doors: it is possible to pursue EB-2 or EB-3, generally through PERM (labor certification). These are distinct categories within employment-based immigration, each with its own requirements and steps.

Unlike EB-1C, which relies on the transfer of executives and managers within a multinational group, EB-2 and EB-3 typically start from a job offer from a U.S. employer and labor certification — the process in which it is demonstrated to the Department of Labor that no available and qualified American worker exists for the position.

The categories also differ by required profile: EB-2 targets those with advanced degrees or exceptional ability, while EB-3 covers professionals and skilled workers in general. Changing course means, in practice, building a new case with its own documentation and timelines.

Since each category has specific requirements that may change, it is worth mapping out the best strategy with a specialist and confirming current requirements with USCIS before starting over. Be wary of anyone promising guaranteed approval.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.