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Case Stories
✅ EB-3 Employer-Sponsored I-140 Approved - B-2 Visa Entry Question
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✅ **Case Status: Approved**
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An EB-3 PERM-based applicant with an approved employer-sponsored I-140 is seeking guidance on whether they can still enter the US on a B-2 tourist visa. The core concern is the dual intent conflict between an approved immigrant petition and a non-immigrant visa entry.
Applicant completed the PERM labor certification process and received I-140 approval under EB-3 (employer-sponsored, not self-petitioned). They wish to travel to the US on a B-2 non-immigrant visa and are aware of the potential immigrant intent conflict. No I-485 has been filed. The case is at the I-140 approved stage with no indication of an available priority date for adjustment.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1t0yk1z/i140_approved_will_i_be_able_to_enter_as_a_visitor/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
An approved I-140 does not automatically bar B-2 entry, but it creates a rebuttable presumption of immigrant intent. CBP officers have discretion, and outcomes vary significantly. Applicants in this situation are generally advised to carry documentation showing strong ties to their home country (employment, property, family) and proof that their priority date is not yet current, which signals that permanent residence is not imminent. Cases where the priority date is backlogged by years (common for EB-3 workers from oversubscribed countries) tend to fare better at ports of entry, as the gap between petition and actual green card eligibility is demonstrably large. Consulting an immigration attorney before travel is strongly recommended.