Why an employer can file both EB-3 and EB-2 base I-140 petitions, with one certified EB-2 Labor Certification application?
Under the immigration rule, an employer can file EB-2 I-140 petition and EB-3 I-140 petition either simultaneously and separately using the same certified EB-2 Labor Certification application. Since the EB-3 petition threshold requirement is minimum of a bachelor’s degree, the holder of an advanced degree is automatically qualified for EB-3 I-140 petition once the EB-2 Labor Certification has been certified by the Department of Labor.