The green card waiting times for family and employment-based categories are notorious for being long, with some cases taking decades to be processed. This is particularly so for the EB-2 and EB-3 green cards for Indian nationals. With the final action dates between these two categories often fluctuating, applicants have opportunities to upgrade and downgrade their petitions to take advantage of more favorable final action dates. On this page, you will learn all about EB-2 to EB-3 downgrade, how it affects immigrants from India, processing steps, and costs.
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Typically, the higher the preference level, the shorter the waiting time. For that reason, EB-3 applicants frequently port their green card upward to an EB-2 to take advantage of the shorter wait time.
However, occasionally it takes an Indian applicant less time to receive an EB-3 green card than an EB-2. For this reason, many people want to know whether or not they can and should downgrade from EB-2 to EB-3.
What is an EB-2 to EB-3 Downgrade?
When the EB-3 final action dates are more favorable than the EB-2 dates, an employer can file a second I-140 petition on behalf of their beneficiary. By filing an I-140 in the EB-3 category and requesting to retain the priority date from the initial EB-2 PERM Labor Certification, the beneficiary can take advantage of the more favorable final action date and file for adjustment of status sooner.
Done successfully, the beneficiary can use either the EB-2 or EB-3 petition, whichever comes sooner, through a process called interfiling.
When is EB-2 to EB-3 Downgrade Available?
Applicants can downgrade from EB-2 to EB-3 if they have an approved I-140 for EB-2 with their current employer, while they also have a priority date that is current for EB-3.
You can reuse the PERM certificate that you have received for EB-2 for your brand new I-140 application for EB-3. You will not be required to submit a new PERM application.
Processing Times for Downgrading
While the entire downgrading process could save you time, you should also consider the latest processing timelines for your switch to EB-3.
For your new I-140 to be processed, it will take approximately 3-8 months. Premium processing is also available for the EB-2 to EB-3 downgrade, speeding up the I-140 adjudication to 15 business days.
EB-2 vs EB-3 For Indian Nationals
To be eligible for the EB-2 visa, you must have at least a Bachelor’s degree as well as a minimum of 5 years of work experience in your field. Additionally, you can be eligible if you show exceptional, above-average abilities and achievements in the arts or business.
To qualify for an EB-3 visa, you may only need to have a job offer from a U.S. company. There are no requirements to have specialized and well-recognized skills in any field of work. However, for the skilled professionals category, you must have at least 2 years of work experience and possess at least a Bachelor’s degree from an accredited U.S. educational institution or a foreign equivalent.
Considering the large number of qualified and educated professionals in India, either the EB-2 or EB-3 path would be suitable for them. Considering that the wait times can differ dramatically between the two, it could be worth looking into an EB-2 to EB-3 downgrade to receive your visa faster.
Check out our answers to the most frequent questions about the EB-2 to EB-3 India Downgrade
What Is The EB-2 to EB-3 India Downgrade Process?
Assuming you still work for the same employer that sponsored your EB-2 petition previously, here’s the detailed step-by-step process outlining all the required forms, timeline, and possible outcomes:
- Prepare and submit an I-140 package requesting EB-3 classification, using the previously certified PERM that was used for the EB-2. In many cases, PERM Labor Certifications (certified ETA 9089s), which have been used in support of an EB-2 petition, can be used to support an EB-3 petition by the same employer and for the same position. USCIS permits the usage of a prior PERM Labor Certification if it was used to support a previously filed I-140 while the ETA 9089 was still valid. A new PERM is not needed as it is with the same employer.
- The I-140 petition must be submitted with a copy of the previously certified ETA 9089 and proof that the Applicant/Beneficiary meets the minimum requirements of the position as listed in the certified ETA 9089. Additionally, the employer has to submit evidence to prove their ability to pay the proffered wage from the priority date. This is done by providing copies of the employer’s last 2-3 Federal Tax returns, financial records, as well as the Beneficiary’s W2s and pay stubs.
- If the filing date for EB-3 is current, the I-485/I-765 and I-131 applications can be filed concurrently with the I-140 requesting the EB-3 classification, since once it’s approved, it will be assigned the original priority date of the EB-2 I-140. This will enable the applicant and his/her qualifying dependents to receive EADs and Advance Parole documents while the I-485 is pending. Concurrent filing is recommended as the dates on the visa bulletin can retrogress at any time.
- A premium-processing request may be submitted to USCIS once a receipt notice for the I-140 has been received, as USCIS needs to retrieve a copy of the original certified ETA 9089 from the previously approved EB-2 I-140 file.
- If USCIS accepts the premium upgrade, it will adjudicate the I-140 within 15 business days of when it starts the premium processing clock. If it does not accept the request for premium, then it will take ~3-8 months to adjudicate the I-140.
EB-2 to EB-3 Downgrade Receipt
The USCIS will let you know about the receipt of your EB-2 to EB-3 downgrade application by keeping you updated about the submission of your new I-140. Essentially, you can track the progress of your Form I-140 to see how well the processing of your downgrade is going. You can check your case status at any time.
A Background on Priority Dates
If you’re wondering why a lower-priority green card would have a shorter waiting period than a higher-priority one, let’s break down how priority dates work.
Each year, the Department of State (DOS) caps the number of employment- and family-based green cards that are issued to any particular country (or chargeability area). If a country has a significant number of its citizens apply for green cards each year, then it will have its own chargeability area. All other countries are grouped into the chargeability area of “other countries.”
When there are more applicants from a specific country for a particular green card category than there are visas available that year, then a backlog will begin to build up, and new applicants will have to wait their turn before receiving their visa numbers and being able to file their I-485 forms or go through consular processing.
The DOS handles this backlog by designating your “turn” in line with a priority date, which is the date USCIS receives your PERM application. Each month, the DOS publishes a visa bulletin with a series of “final action dates,” one for each chargeability area and for each green card category.
Applicants from chargeability areas with a backlog need to watch these published final action dates. Once the final action date in their category and chargeability area matches or passes their priority date, a visa number will become available, and the applicant can move on to the final steps of the green card process.
At that point, your priority date is considered “current.” If your chargeability area does not have a backlog, your priority date will automatically be considered current, and you can move on to the next step as soon as your petition is approved.
Why Some Countries Have Longer Wait Times Than Others
However, this means that the amount of time you have to wait for your priority date to be current is dependent on how many people from your country apply each year. Therefore, applicants from heavily populated countries that regularly exceed their annual cap will need to wait longer than applicants from other countries as the backlog continues to build. Each time the limit is exceeded, the line gets longer, and the final action dates are pushed backward. This is why Indian and Chinese applicants often find themselves waiting years for their priority dates to be current.
How an EB-2 to EB-3 Downgrade Card Can Help
Knowing this, it should be obvious that the more difficult it is to qualify for a particular green card, the fewer applicants there will be, which should result in a shorter waiting time since the limit is being exceeded less often.
In the past, this has held true. The EB-3 is a relatively easy green card to qualify for in comparison to the EB-2. As an EB-3 applicant, all you need is a job offer with a U.S. employer that isn’t seasonal or temporary. However, you will need an advanced degree or “exceptional ability” in your field to qualify for an EB-2. So the final action dates for the EB-2 have historically been better than those for the EB-3.
In fact, the wait time for the EB-3 was so long that some applicants could obtain the qualifications for an EB-2 (e.g. a master’s degree and a new job requiring that degree) and port their petition from an EB-3 to an EB-2. This would allow them to retain their original priority date (rather than starting a new one) and speed up their processing.
However, occasionally, the EB-3 has a more favorable final action date. For example, in the June 2026 visa bulletin, the date for the EB-2 category is September 1, 2013, while the EB-3 category has advanced to December 15, 2013.
This means that Indian EB-3 applicants are eligible to file for adjustment of status before their EB-2 counterparts. For this reason, those applying for an EB-2 may want to consider an EB-2 to EB-3 downgrade to potentially file their green card application sooner.
Complexities of EB-2 to EB-3 Downgrade
Unfortunately, changing from one preference level to the next isn’t as simple as checking a different box. You may need to start a new case over from scratch, starting with the PERM Labor Certification process and continuing on to filing a new I-140 petition. However, you may be able to use the previous PERM as long as the job requirements, location, and wages have not changed. The real difference is that the priority date from your original petition will be retained for your new petition.
Therefore, because this is a completely new case, you will need to assemble the appropriate supporting documents showing that you qualify for the EB-3 just as you did for the EB-2. Fortunately, downgrading is much easier to do than upgrading, as those who qualify for an EB-2 are more than likely to qualify for an EB-3. Unless you were applying for a National Interest Waiver with your EB-2, you should have little difficulty in proving that you qualify for an EB-3.
The first step would be to reach out to your employer and have them file another I-140 on your behalf. If a new PERM is needed, it will take at least two years. Be sure to have the employer designate that you want the original priority date to be retained; otherwise, your priority date will start over when the USCIS receives your new I-140. If you’ve already waited several years for your EB-2, this can be devastating.
Overall, the type of green card does not change the benefits. All green cards, regardless of their requirements, result in legal permanent residence for the holder. Though some are conditional and are initially only valid for two years, the rest are valid for ten years at a time and only need to be renewed, meaning that you do not need to re-qualify for them. Therefore, downgrading from an EB-2 to an EB-3 does not deprive you of any green card benefits you would have otherwise received.
