Posted by: Nepali Keto 123 August 25, 2016
Priority date of Nepal for Eb2
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@1800-HELP

You always want to look at two different aspects when you are deciding between EB2 and EB3.
1. How Strong is your case for EB2?
2. Do I have to wait for a long time before a visa becomes available if I do EB3.

In previous years, 2nd point used to matter more because even ROW people had to wait multiple years to have a visa available under EB3 and EB2 was always current. However, in my view, people should start focusing more on the 1st point.


EB3 is usually less scrutinized than EB2 because the qualifications required to be qualified for EB3 is less. In addition, all the indians applying for EB2 and porting from EB3 to EB2 is making EB2 even more scrutinized.

So, if your case is complicated, i.e, the following:
1. You do not have any experience,
2. You only have experience from your sponsoring company
3. You are trying to use 5 year progressive experience to apply for EB2 PERM
4. Your current salary is not equal to or greater than Tier 2 category in your field.

I suggest you go for EB3. EB3 has been basically current for almost one year now. Fewer number of people are applying for EB3 ROW now so it should be current or within few months for next year as well (By the time your PERM gets approved)

However, if your case is not complicated, i.e. the following:
1. You have masters and at least a year of experience with another company (other than the one sponsoring you), or
2. You have 5 years of experience from another company (not your sponsoring company) and a bachelors degree. and
3. Salary that is equal to or higher than Tier 2 then I suggest you apply for EB2.

EB2 is not current now but it is pretty much expected to be current when the new year starts (October 1st) or within a month or two.

Note: I just got my PERM and I-140 (EB3) approved without any RFE in both. I only had experience with my sponsoring firm albeit in a different position.

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