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Labor certification-based I-140 immigrant visa petitions are classified under
EB-2 (employment-based second preference), EB-3 (employment-based third
preference) or a lower category. The offered position's minimum requirements
must be a master's degree, or a bachelor's degree and five years of full-time
progressive experience, for the position to qualify under EB-2. The
categorization of an immigrant visa petition is important as it may greatly
affect the overall processing time of the permanent residency process.
The following memorandum provides more background on this issue:
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J&H FAQs: Visa Retrogression
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