❌ EB-3 Skilled Worker 221(g) Refusal - Classification Error (EB-2 NIW Filed as EB-3) - Unknown Country PD Unknown

❌ **Case Status: Denied** --- A self-petitioned I-140 intended for EB-2 NIW was erroneously approved by USCIS under EB-3 Skilled Worker classification. The misclassification was not caught until a consular interview, where a 221(g) refusal was issued because EB-3 requires a PERM labor certification and permanent job offer. The applicant is now exploring whether an administrative correction is possible or whether a new I-140 filing is required. An applicant filed a self-petitioned I-140 targeting EB-2 National Interest Waiver (NIW). USCIS approved the petition but issued the I-797 with classification 'Skilled Worker, Sec. 203(b)(3)(A)(i)' — EB-3 Skilled Worker — rather than EB-2 NIW. The error went unnoticed through NVC processing (DS-260 filed, fees paid, documents qualified). At the consular interview, the officer issued a white 221(g) refusal citing the absence of a PERM labor certification and permanent job offer, both required for EB-3 but not applicable to a self-petition. The case now faces three unresolved issues: (1) whether USCIS will accept an administrative/clerical correction or require a new I-140; (2) whether the original priority date can be retained under 8 CFR 204.5(e) if refiling is necessary; and (3) how to keep the consular case alive under INA 203(g) while awaiting USCIS resolution. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1w98ijo/consular_221g_refusal_approved_i140_classified_as/)** *Source: Reddit EB-3 search* --- *This post was automatically curated from online sources to share real case experiences with the community.*