yellow banana 🍌
Feb 24, 2026
What is the real nature of the job?
So basically I have been working for a company as a production worker for almost 3 years (still waiting for my greencard). I applied for an IT Data Analyst from the same company sponsor that I am working for.
Everything has been working out and I supposed to have an interview today but out of now where my HR manager told me that she asked BDV about the nature of the promotion and they said I cannot get this job since this is a skilled job, unless I apply for a another position such as supervisor cuz it is aligned within the nature of the unskilled position.
From my perspective, I found this is ridiculous since I believe the IT job is definitely a nature of the immigration process. I think it this way.
3 years as a production worker —> see an opportunity and have a degree that matches the position that company sponsor is looking for —> take the opportunity and applies for the position -> got promotion within company.
I believe the USA 🇺🇸 is a freedoms country so I don’t believe in such a thing as the promotion that is not consider a nature of the job.
Guys, what is your take on this? Please let me know. Any answer would be appreciated. 🙏🏼
#eb3unskilled #eb3skilled #employmentbased
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Kash ValentinoFeb 24, 2026
Not possible if it’s skilled from same company. Data analyst is a whole different SOC code. You can however apply to a different company for data analyst role or other IT roles if that’s your preference and work both jobs together if you can.
Options:
1. Wait to get GC then switch postion same company OR
2. Work as prod worker + apply skilled job (different company) but work together until GC received.
Looks like your PD is Jan 2022. It’s near, wouldn’t risk it with switching within company as FAD is near, hopefully April or May VB might be current.
yellow banana 🍌 Feb 24, 2026
@Kash Valentino hey it’s not about porting job or using the I-485j. I think you missed a point here
yellow banana 🍌 Feb 24, 2026
@Kash Valentino are you BDV agent that is spying in here? lol
sam youngFeb 24, 2026
@yellow banana 🍌 I get what you are saying. you can definitely have 2 jobs side by side since you have EAD which allows you to work anywhere skilled or unskilled but you have to maintain your unskilled position till you GC approval. for the IT job try at any other company other than where you are working right now because having both skilled and unskilled job at the same company doesn’t look good.
yellow banana 🍌 Feb 24, 2026
@sam young no I’m saying promotion not side by side job.
Bill : )Feb 24, 2026
@yellow banana 🍌 A promotion would be if you became a production coordinator or supervisor, but now you are moving to a completely different department. It has nothing to do with the position that supported your EB-3. This is my opinion
PD: Oct 2021Feb 24, 2026
you’ll have a hard time explaining your job in USCIS interview if you’re promoted to skilled job. You should ask the company if they’ll sponsor you EB3 skilled
position
Alex brown Feb 24, 2026
During the USCIS interview, you may be asked detailed questions about your job position. Since this is an EB-3 unskilled category, the wage is typically different from a skilled position. The labor certification states that no qualified U.S. workers were available for this unskilled position, which is why your employer sponsored you. If you change your job now to a different position that does not match the original labor certification, it could raise concerns and may even result in a Notice of Intent to Deny (NOID).
sam youngFeb 25, 2026
@yellow banana 🍌 you can’t get a promotion because IT is a skilled job and duties doesn’t match with the original job description which are mentioned in the PERM. My advice wait till you are done with the whole process.
Kash ValentinoFeb 25, 2026
@yellow banana 🍌 I’m just another applicant sharing perspective. No reason to question motives when someone is trying to help.
pd April 28/2022Feb 26, 2026
@Kash Valentino this guy asked for an opinion, and when that opinion goes agian his, he got mad! I think your on point though! promotion in between company will likely violate the whole eb3 UNSKILLED process lmao
yellow banana 🍌 Feb 27, 2026
@pd April 28/2022 I don’t like BDV and their agents. That’s all. @Kash Valentino answered like an agent. U.S.A. freedom of speech 🎤 so I have right to ask and express how I feel.
eb3 unskilledFeb 27, 2026
ever heard of nepotism and favoritism ?
sharmeen moonaMar 5, 2026
@Kash Valentino. i agree with you. i would not risk it. The it job will not be the same category and it surely does not fall under unskilled. i think when this happens, people change their visa category from unskilled to skilled. not sure if that is possible or not. i have seen people downgrade from skilled but not other way around.
