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| Changing from EB3 to EB2 |
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here you have an uscis answer. you do not need to do anything but send a letter to correct the mistake.
9. How do we correct a typo error on a submitted Form I-140 (labor cert based)? For example, Form I-140 should be marked as an Advanced Degree (EB2) but was mistakenly marked Professional (EB3). If amendment is permitted, is the I-140 filing fee required? Will an amended I-140 receipt be issued?
The petitioner is encouraged to submit correspondence requesting the error be corrected. The adjudicator will consider the request at the time of adjudication. An amended I-140 receipt will not be issued. A new fee is not required.
The following excerpt from the I-140 SOP applies if at the time of adjudication the officer determines a different classification is appropriate:
Pursuant to Opportunity for Certain Employment Based Petitioners to Change their Requested Classification [CSC 70/6], if after review, it is determined that the petitioner is requesting a classification for which the beneficiary clearly does not qualify, but the beneficiary appears to qualify for another classification, the petitioner may be offered the opportunity to change to a new classification. A RFE may be used for this purpose, but notification is not limited to the use of a RFE. Prior to suggesting such a classification change, ensure that the petition is approvable under the suggested classification. It may also be helpful to check for any additional petitions, as another petition may have already been filed for the beneficiary under the alternate classification. |
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