Will a Promotion Help an Employee's Case?
Frequently, employees are promoted while waiting for their EB-3 case to
be processed. If the employee has been promoted or will be promoted in
the near future, it makes sense to re-evaluate whether the new position
would make the employee eligible for a second immigration case filed
under EB-2. A
quota backlogged
immigration case can be completed years sooner if an EB-3 employee
becomes eligible for an EB-2 case, especially since the employee can
maintain his or her EB-3 priority date upon the approval of an
Immigrant Petition filed in connection with the EB-3 case. In fact, the
EB-2 backlog may be so much shorter than EB-3 that it would make sense
to file a second case under EB-2 even if the EB-3 Priority Date cannot
be maintained.