TexanScot

Folks,

Hoping someone can help me understand how my journey towards a Green Card is going to look from here on out.

I'm currently in the US on an L-1B visa and my company have agreed to sponsor me further, and our lawyers are currently working on the job description before we can file for PERM.

Once the mandatory recruitment has been completed, does it matter what preference category we file in (EB2 vs EB3) and given that my country of origin in the UK, will it make much of a difference either way?

I don't have a Master's degree but I do have a Bachelor's plus the work experience equivalent, so I should qualify for the EB2 on paper although I don't really understand how priority dates and filing dates work (although I've reached out to our lawyers to find out).

How long can I expect to wait for my Green Card to become available once we complete PERM and have the I-129 approved?

becky212

neill

EB-2 is more restrictive as you probably know, and the PERM - i.e your job that qualifies you for it - determines your category, not your qualifications. If the job only requires a Bachelor's, for example, then you would be in EB-3 regardless.

As you are UK chargeable, right now it makes no difference. The priority date is the date that USCIS are currently handing out immigration numbers to or currently able to process. (If your date is earlier, you can submit an I-485). Your date will be based on your PERM submission date.

TexanScot

So once we have a priority date once PERM is complete, it doesn't really matter after that whether it's EB-2 or EB-3?

They will both take the same amount of time since I'm UK chargeable?

jxv73

As of August 2018 it doesn't make a difference. In the future, who can tell? EB-3 could even in theory move ahead of EB-2 (it has happened before for Chinese!). Or EB-3 could slow down significantly (as it did 2007-2015, some in the UK and Rest f the World category had to wait 6-7 years). These slow downs can occur in a considerably short period of time.
Best to aim for EB-2 if possible, and can always "downgrade" to EB-3 as the Chinese did for years.

TexanScot

Thanks, that's what I was hoping to hear.
Hopefully we will sail through PERM without any issues.