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

For many professionals, exploring immigration options to the United States can seem like a path full of nuances. When someone initially opts for the EB-1C visa and ends up having the petition denied, it is natural to seek other alternatives, such as EB-2 or EB-3 visas with the PERM process.

It is worth noting that EB-2 and EB-3 are different employment-based categories, each with its own requirements and steps. If the EB-1C application did not succeed, it may be possible to try one of these categories, provided the specific criteria of each are met. For example, both EB-2 and EB-3 visas generally require a job offer and obtaining a labor certification (PERM), which implies demonstrating that there are no available American workers for the position.

Furthermore, the level of qualification, experience, and, in the case of EB-2, an advanced degree or exceptional abilities, will be evaluated during the process. It is important to understand that each option has its particularities, and therefore changing categories may involve a new and detailed study of the case, documentation, and contact with the U.S. Department of Labor.

This underscores the importance of strictly following immigration laws and regulations and seeking updated information and accurate guidance before starting any other process. It is also essential to be cautious with companies, miracle promises, or marketing campaigns that guarantee easy results.

Investing time in analyzing the conditions and preparing a robust file can make all the difference. Consulting specialists with recognized credentials and references in the field can be a crucial action to understand the best strategy for your case, without compromising transparency and compliance with immigration rules.

In summary, yes, it is possible to consider the alternative of EB-2 or EB-3 with PERM after a denial in EB-1C, but the viability depends on many individual factors and the alignment of your profile with the requirements of each category. Stay informed, follow United States immigration laws, and seek guidance from reliable sources to make the most appropriate decision for your situation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.