Considering an EB-2 to EB-3 Downgrade? Here’s What You Need to Know
The March 2025 Visa Bulletin has been released, and many employment-based green card applicants—especially from India and China—are evaluating whether downgrading from EB-2 to EB-3 could help them move forward faster.
A downgrade can sometimes be beneficial, but it’s important to understand the legal and procedural factors before making a decision.
Understanding EB-2 vs. EB-3
The EB-2 and EB-3 visa categories both provide paths to permanent residency through employment but differ in eligibility requirements and processing times:
• EB-2: For individuals with an advanced degree (or equivalent) or exceptional ability. While this category has higher priority, wait times can be longer for India and China due to visa backlogs.
• EB-3: For professionals, skilled workers, and certain other workers. While typically slower, EB-3 can sometimes move ahead of EB-2, making a downgrade a strategic option for some applicants.
March 2025 Visa Bulletin: Key Updates
The latest Visa Bulletin shows continued movement in employment-based visa categories:
- China EB-3: Advanced by one month (July 1, 2020 → August1, 2020)
- India EB-2: Advanced by 14 days (Oct 15, 2012 → Oct 29,2012)
- India EB-3: Also advanced by 14 days (Dec 15, 2012 → Dec29, 2012)
What does this mean?
If you have a priority date close to these cutoffs, downgrading may help you move forward sooner, but several factors should be evaluated first.
Is Downgrading the Right Choice? Key Factors to Consider
Before proceeding with a downgrade, it’s important to assess:
- Your Priority Date: If your EB-3 priority date is current, you may be eligible to file an I-485 (Adjustment of Status). However, visa movement is unpredictable, so planning ahead is essential.
- Job Requirements & Eligibility: EB-2 positions require an advanced degree or exceptional ability, while EB-3 positions may have lower qualification requirements. Your PERM labor certification must support the downgrade.
- Processing Timelines & Increased Scrutiny: The Trump administration has introduced stricter review processes, making it more important than ever to ensure downgrade petitions are well-prepared and properly documented.
How the EB-2 to EB-3Downgrade Process Works
If you decide to downgrade, the process typically involves:
1️. Filing a New I-140 Under EB-3
Even if your EB-2 is already approved, a new I-140 petition must be filed
under EB-3.
2️. Retaining Your EB-2 Priority Date
Your original priority date is preserved, which may be beneficial if EB-2
moves faster in the future.
3️. Filing I-485 or Consular Processing
• If in the U.S., you may file I-485 (Adjustment of Status) when eligible.
• If outside the U.S., you may need to complete consular processing.
Next Steps: Should You Move Forward with a Downgrade?
- If EB-3 is ahead of EB-2 for your country, downgrading may help advance your green card process.
- If your employer supports the downgrade and your job qualifies, it can be a strong option to consider.
- If you want to explore your options, speaking with an experienced immigration attorney can help you evaluate the best path forward.
Heckler Law Group is ready to guide your company through the detailed nature of U.S. immigration to ensure a smooth process. Get started by requesting a free case evaluation, and our team will contact you promptly.
This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.