Let our deep legal expertise and technology-enabled processes guide you in your U.S. immigration journey
Home > Blog > Employment Based Immigration
Last Updated On: June 4, 2025
EB-3 to EB-2 porting is a strategy some employment-based green card applicants use to reduce wait times by qualifying for a higher preference category. If your EB-3 priority date is stuck in a backlog but you now meet the EB-2 educational or professional requirements, you may be able to upgrade your case and take advantage of more favorable visa bulletin movement. In this post, we’ll explain how EB-3 to EB-2 porting works, who qualifies, and what to consider before making the switch.
Two of tje most popular employment-based green cards, the EB-3 and EB-2, are excellent choices for immigration depending on your employment situation.
Because it has the broadest requirements, the EB-3 green card is one of the most accessible green cards available. To qualify for this category, you need to be employed in one of the following groups:
All of these categories require a PERM Labor Certification. This process ensures that there are no qualified U.S. citizen workers in the area of your work who could fill the position. The job offer must also be full-time.
The requirements to obtain an EB-2 green card are more stringent than the EB-3. To qualify, you must either:
For the EB-2, a PERM Labor Certification and a job offer from a U.S. employer are usually required.
To have these requirements waived and self-petition, you can apply for a National Interest Waiver. This requires proof that your enterprise will be beneficial to the U.S. economy and culture.
The main advantage of EB-3 to EB-2 porting is the potential for a shorter wait time, as EB-2 priority dates often move faster than those in the EB-3 category. Your priority date is the day that your green card petition was received by the USCIS from your employer (or you if you qualify for an EB-2 NIW).
Because there is a long backlog of green card petitions, the final action dates given by the Department of State (DOS) are often several years behind the current date. The DOS releases a visa bulletin monthly, which shows visa availability according to preference categories.
Once your EB-3 or EB-2 priority date becomes current—meaning it is the same as or earlier than the Final Action Date listed in the Visa Bulletin—a visa number should be available, allowing you to move forward with obtaining lawful permanent resident status.
Here is a screenshot of the June 2025 visa bulletin employment-based final action chart. 2nd correlates to EB-2 visas, and 3rd represents EB-3.
The final action dates depend on your country of origin, and the EB-2 and EB-3 final action dates can be notably different.
EB-3 to EB-2 porting can potentially cut years off of your green card timeline. However, making this advantageous transition is rarely easy, as it requires your new position to be substantially different and more complex than your original job to qualify to make the switch.
Because you may be waiting years for your green card, there is always the possibility that you can amass the qualifications for a higher employment-based category.
However, this change is dependent more on your job than your newfound qualifications. This means that while education and experience are important, you will most likely be denied if your new position does not require the newfound qualifications.
For example, if you have acquired a master’s degree during your time waiting for an EB-3, you do not automatically qualify for an EB-3 to EB-2 porting. However, if you also acquire a position that requires an advanced degree, you have a much stronger case.
The key takeaway is that to transfer from an EB-3 to an EB-2, you most likely need a radical change in employment. This is usually done either through a large promotion with the same employer or by working for a new one.
Check out our answers to the most frequent questions about the EB-2 to EB-3 India Downgrade
While EB-3 to EB-2 porting can be a convenient option, it may also present challenges, particularly when done under the same employer. Some employers may use the porting process as a retention tool, for example, by creating a new job title or offering a nominal promotion without a corresponding raise or significant change in duties. This can raise questions about the legitimacy of the new position and potentially complicate the petition.
To combat this, the USCIS will most likely analyze multiple aspects of your situation, including:
In general, the new EB-2 job duties should vary at least 50% from the EB-3 duties. It is also important to note that an advanced degree is not necessarily required to transfer to an EB-2 green card.
The USCIS reviews each situation on a case-by-case basis.
The entire process is simplified if you can manage to find a new job with a different employer. This is because the USCIS is more likely to count your experience with your original employer toward your qualifications for EB-2 status.
For example, if you have worked in Company A for 4 years and try to port your EB-3 petition with the same employer, you may have a hard time using those 4 years of experience as qualifications for an EB-2.
However, if you choose to switch employers to Company B, your 4 years of experience at Company A can count toward your EB-2 green card.
No matter which route you choose, having an immigration attorney by your side who is experienced in EB-3 to EB-2 porting scenarios could potentially save you from common obstacles that others tend to encounter. Your attorney can also help you make sure that you have the best possible chance of success.
Once you, your employer (or your new employer), and your immigration attorney are confident in the new position’s qualifications, the EB-3 to EB-2 porting process steps are rather complicated. To begin this process, you must already have an approved I-140 petition for an EB-3.
Before porting, ensure you qualify for the EB-2 category, typically requiring an advanced degree (or equivalent) or exceptional ability in your field.
Because you are applying for a new position, your employer must first obtain a second PERM Labor Certification from the Department of Labor for the EB-2 position on your behalf.
This also means going through the entire PERM recruitment process and re-exposing your employer to the possibility of an audit.
Your employer must accurately describe the new role and show it’s distinct from the EB-3 position.
Your employer must submit a new I-140 petition under the EB-2 category. They should attach a copy of the previously approved EB-3 petition approval notice and request to retain your original EB-3 priority date in the initial I-140 that was approved.
By recapturing or retaining your priority date, you can keep the original EB-3 priority date rather than the EB-2 priority date. This can be especially advantageous if the EB-2 petition was filed several years after the first.
Here is an example:
Andrew is a citizen of the Philippines that is working in the U.S. as a software engineer and his EB-3 priority date is February 1, 2023. If he secures a new job as a project manager, his employer should obtain a new PERM for his new position. Once his new EB-2 petition is approved, and his old priority date is retained, his date will become current and he should be able to file his I-485 immediately.
Once the new I-140 is approved and your EB-2 priority date is current according to the Visa Bulletin, you may move forward with the green card process.
The EB-3 to EB-2 porting timeline includes:
The other option is to choose regular processing. According to the USCIS website, this can take up to five or six months. So altogether, you can expect a total processing time of between nine months and two years to port from EB-3 to EB-2 status.
Adjustment of status from inside the U.S. typically takes 6-12 months, whereas consular processing from abroad takes 16-24 months
When making an important decision regarding your green card status, it’s always best to work alongside a lawyer. VisaNation Law Group immigration attorneys have years of extensive experience helping with EB-3 to EB-2 porting. They can help you avoid possible pitfalls and make sure that the transition is as smooth as possible.
If you would like to get in contact with a VisaNation Law Group attorneys, you can fill out our contact form to schedule a consultation.
Tags: EB-2, EB-3
