Refile the case from EB3 to EB2 when applying I- 140

[nssrsaran]

Hi,

Can i refile the case from EB3 to EB2 when applying I- 140? I have Bachloers Degree with 5 years of experience but my employer filed Labor in EB3, now my labor got approved can i refile this case to EB2 when i am applying for I-140, to do this please tell the steps to follow.

Thank you.

[Attorney_9]

The requirements listed on the labor certification cannot be changed after filing and the USCIS will follow the clear wording of the labor certification in determining whether the case is eligible for EB3 or EB2.

If the labor certification does not support EB2 classification, then the I-140 should not be filed requesting it.