With the release of October 2020 Visa Bulletin and progression of priority dates for Indian nationals under EB-3 category to January 2015, our office has been receiving many calls and email inquiries regarding the process of EB-2 to EB-3 downgrade.
Can you downgrade from EB2 to EB3?
Downgrading is possible provided following criteria is met:
Beneficiary should be qualified under EB-3 criteria as well; though it shouldn’t be hard to show that beneficiary has met EB-3 requirement where he/she has approved I-140 under EB-2. But, Attorneys carefully review prior Labor certifications to see if the requirements match.
What is the process to downgrade from EB-2 to EB-3?
What if I-485 is already pending with Service Center under EB-2?
A new approved I-140 under EB-3 category will be transferred to the service center where I-485 is currently pending and no new fee is required.