D K
Feb 2, 2026
Moving from EB3 to EB2, while pending PERM approval
I had a question regarding EB3 and EB2 for ROW.
My PERM was filed on May 2025, under my current role (SWE II) that falls under EB3. If I get promoted to SSE, can I apply to EB2 under the same on-going PERM submission and get an i140 under the EB2 category?
Reason for this:
Based on the current visa bulletin progress, I see my PD ( May 2025) expected to be Current (if under EB2, April 2027) around 6-9 months after I get my i140.
But with EB3, it is going to take more than 8 years for the same date.
Upgrading from EB3 to EB2 to port PD would again take 3+ years with a lot of uncertainty with layoffs etc. and by the time the process is complete, it would have been way passed the PD.
So wanted to check if there are any chances apply for EB2 and EB3 in the same on-going petition for i140 if I get promoted and as I have a Masters degree as well.
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Aaron OFeb 2, 2026
You'll have to ask your company's lawyers, but as far as I know, your PERM is based on the job posting in the labor market test. If the job requirements don't meet the requirements for an EB2, it might not work
