EB2 to EB3 Downgrade


EB3 priority dates are progressing much faster than EB2 priority dates for Indian nationals. Given the current circumstances EB-2 to EB-3 downgrade for Green Card is an option worth exploring. Kamala Law Corporation successfully handled downgrading I-140 petitions.

frequently asked questions - faq

Table of contents

What are the current filing dates for EB2 india and EB3 india?

For the month of August 2021, USCIS will consider Final Action Dates for filing I-485 petitions. As of August 2021 visa bulletin, EB2 priority date for Indian nationals is Jan 1, 2011. EB3 priority date for Indian nationals is July 1, 2013.

Can I Downgrade from EB-2 to EB-3?

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 EB2 to EB3 downgrade process?

  • 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.

What are the potential benefits of EB2 to EB3 downgrade?

With EB2 to EB3 downgrade, filing I140 and I485, I765, I131 concurrently can potentially result in obtaining the Employment Authorization Document (EAD Card) and Advance Parole (Travel Document) early. For downgrade to EB3, consult an Immigration Attorney to discuss the EB2 to EB3 downgrade risks and benefits in depth.

Can I speed up EB2 to EB3 downgrade with I140 premium processing service?

To request a premium processing service, the original Labor Certification needs to be provided. Since the Original Labor certification won’t be available while filing I140 "downgrade" petition, an alternative is to file it under regular processing and upgrade it to premium processing once the receipt is available on the case.

Can I file the EB2 to EB3 downgrade petition involving different employers?

For downgrade to EB3, please consult your Immigration Attorney as several factors must be taken into consideration to address the question.

How long does it take to downgrade eb2 to eb3?

I-140 downgrade process may take few weeks with premium processing. With regular processing, applications filed with Nebraska Service Center are currently taking 5 to 9 months. For Texas Service Center, it is 3.5 to 15.5 months.  The processing times are subject to change.

Once i downgrade EB2 to EB3, can i upgrade EB3 to EB2?

If EB2 Final Action dates become current, EB3 to EB2 upgrade can be achieved by requesting USCIS to consider the application under EB2 category. This process is also referred as EB3 to EB2 interfiling.

Do i need new PERM for EB2 to EB3 downgrade?

You can file EB3 I-140 using the same PERM labor certification.

What are the costs associated with EB2 Eb3 downgrade?

For the 'EB2 to EB3 downgrade', a new immigrant petition with EB3 visa classification has to be filed and its fee has to be paid to Department of Homeland Security (DHS).

how many eb2 india applications are pending?

Per CATO Institute, Estimations show that that there are around 560,000+ applications pending in the EB2 category for FY2020. Similarly for EB3 India category 130,000+ applications are in backlog.
In general Employer should agree with the process of EB2 to EB3 downgrade, as I-140 is to be filed by the existing employer of the beneficiary. Furthermore, downgrading from EB2 to EB3 shouldn't be taken lightly and consult your Immigration Attorney to discuss the available options.

If you need help on Downgrading EB-2 to EB-3, eb2 downgrade to eb3 concurrent filing, and other details about eb2 to eb3 India priority dates in the Visa Bulletin Oct 2020 , please contact our office.

Furthermore DOL and DHS have tightened the rules on H-1B visa program. The new DOL rules can increase the prevailing wages which may make it difficult for the employers ability to pay.

Are your Eb1/EB2/EB3 dates current and rushing to file I-485? we can help you

Immigration Attorney Kamala Maddipoti
Immigration Attorney Kamala Maddipoti

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