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Does the regulation apply to all five employment-based categories?

April 26, 2017Categories employment-based regulation

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Does the regulation apply to all five employment-based categories?

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A. No. Because I-140s are only used to petition persons under the EB-1, EB-2 and EB-3 categories, the regulation applies solely to these categories. It does not apply to the EB-4 special immigrant category since the petition used there is form I-360. Similarly, it does not apply to the EB-5 investor category since a form I-526 petition is used in such cases.