Can you downgrade from eb-2 to eb-3 category

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?

• A new I-140 should be filed stating beneficiary meets EB-3 requirements
  
• Employer should declare that the company will pay the proffered wage and has the ability to pay the beneficiary.
• File I-140 and I-485 concurrently
• It should include a carefully drafted letter to avoid confusion and should address all the issues involved in downgrading the I-140

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.

Learn more About EB2 to EB3 Downgrade

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