We are seeing a large influx of permanent residence applications from people who want to convert their EB-3 case to an EB-2. We are hosting a webinar on this topic, as we consider right now the ideal time to process such conversions. If you currently have an approved I-140 with a priority date which would cause an EB-2 petition to become current, you should pursue a new permanent residence application based in PERM.
If you currently have an application for adjustment of status pending, there is no need to file a new I-485 with the new EB-2 petition thanks to a novel procedure known as interfiling. Interfiling means that you would utilize your current adjustment application which was previously filed on the basis of a lower preference category to continue to be processed on the basis of a new I-140 with a higher preference category. This is a significant cost saving for families who may have 3 or more applications for adjustment of status pending based on a prior EB-3 petition. Interfiling would allow you to process your EB-2 PERM and I-140 then “interfile” your pending I-485 to the newly approved EB-2.
You may qualify to file a new EB-2 petition with the same priority date if you have an advanced degree or equivalent, which means a master’s degree or higher, or if you have exceptional ability in the sciences, arts, or business. In some situations, you may qualify if you are a professional with a bachelor’s degree and you have five years of experience.