EB2 or EB3 the million dollar question??

[empee]

Experts please pour in your thoughts. These questions are more relevant to Indian nationals stuck in retrogession

Is there a quota for EB3 and EB2?

If so is EB3 quota more/less/equal to EB2?

If one applies for labor tommorow would EB2 be faster than EB3 or vice versa?

The reason for these questions is, recently we have seen EB2 and EB3 retrogessed almost equally. While EB2 revives quickly in terms of visa dates it finally stops, but EB3 seems to have a snail pace with some consistency and not much backward movement. Now with the addition of Schedule A workers to EB3 I think it is going to be more misearable. However if the EB3 quota was more than EB2 then chances are that someone in EB3 could get their GC quicker than someone in EB2.

Please comment........

 

[Sundraj]

http://www.hooyou.com/lc/perm_eb2vseb3.html

Significance of Choosing Between an EB2 and EB-3 position
The immigrant visa numbers for the EB-3 category frequently retrogress or otherwise become unavailable for those born in China, India, and the Philippines. Each country has an annual quota of assigned immigrant visa numbers for each employment-based category. If the visa number for one country is oversubscribed in one category, those visa numbers will retrogress or become unavailable to beneficiaries born in those countries. On other words, even if the PERM application and immigrant petition (Form I-140) are approved, and the visa number is not available to the alien beneficiary, the alien will NOT be eligible to file for adjustment of status or consular processing to obtain lawful permanent residence.

Sometimes, the EB-2 visa numbers retrogress as well. During some periods of the year, the immigrant visa numbers may become totally unavailable due to over subscription. For immigrant visa number availability, please check Visa Bulletins posted on Department of State’s website at http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html.

Generally, if there is any backlog, the EB-2 category usually has a shorter waiting period than the EB-3 category. If the visa numbers are not current for the category according to alien’s priority date, the alien has to wait until it becomes current before being eligible to file an application for adjustment of status (Form I-485) or complete consular processing in order to become a lawful permanent resident. Therefore, it is a major concern whether an alien should file under the EB-2 or Eb-3 category since such a decision will determine whether visa numbers are current available.

Solution:

If an employer has real business needs justifying the requirement of education and experience qualifications that exceed the SVP, the employer may still go ahead and file EB-2 PERM application. However, the employer should be prepared to provide business necessity documents and/or evidence once the DOL makes a request for such documentation. If the DOL requests documentation and/or evidence to support the business necessity, the PERM application may be delayed.