Whether a new process can qualify under EB-2 depends on the position offered and its requirements, your total education and experience, DOL's view on normal requirements for the position offered etc. That would need to be evaluated on a case by case basis looking at many factors.

It can be difficult to process a new PERM labor certification through the same employer that already has an approved PERM for you. First, if different requirements are being listed to qualify under EB-2, the permanent position offer would need to be different than before. Second, in general, you could not use any experience gained with the company to show you meet the requirements of the new permanent offer unless you proceeded under the exception to the rule and showed the previous/current job was at least 50% different than permanent job offer. Third, even if you are able to proceed, DOL could audit and request that you withdraw the current approved PERM in order to proceed with the adjudication of new PERM filing. If the new PERM filing were denied, you would be left with no green card process in place.

In order to proceed with new EB-2 process with the same employer, a new PERM and I-140 would need to be filed. That process and pros/cons would need to be discussed with your employer.

Trying to change to an EB-2 process through the same employer and through a similar position can be very difficult and risky. You need to have the specific facts of your case reviewed by an immigration attorney who can advise on pros/cons.

Regards,

Andrew M. Wilson, Esq.

Serotte Reich Wilson, LLP

www.srwlawyers.com

awilson@srwlawyers.com