PWD for EB 2 and EB 3

Can I use the same prevailing wage determination for EB2 And EB 3? Per my attorney, since job qualification requirements are different for both categories, attorney has filed two PWD. They filed PWD for EB 2 in June, 2021 and for EB3 two months later. My PD is June 2012 with my previous employer. Please guide me so I can save time and probably file I140 and 485 in EB 3 since my date is current.

Per my understanding PWD is generally determined based on the job code defined by list of professional O*NET-SOC occupations by DOL (https://www.flcdatacenter.com/) and geographic location.

In your case even if it is the same job position & location being applied under EB2 & EB3, your attorney may have a valid reason to apply for EB3 PWD separately instead of using EB2 PWD within the 90 days validity.
As they pointed out, it could be that the form ETA-9141 filed for EB2 PWD may have certain requirement like masters degree for the said job position under EB2 while it could be just bachelor in EB3. I would just trust my lawyer and let them do whatever they think is right approach based on the case.

1 Like