EB-2 to EB-3 Downgrade for Indian Applicants: Step-by-Step Guide
The waiting times for U.S. green cards—particularly in the family-based and employment-based categories—have long been known for being lengthy, with certain cases dragging on for decades. Recently, however, new developments have shifted the landscape of employment-based immigration, creating fresh opportunities for skilled workers. While there has been little to no movement in family-based visa categories, an unexpected opening has emerged for employment-based immigrant visa applicants.
This page provides a complete breakdown of the EB-2 to EB-3 downgrade, with special attention to how it impacts applicants from India, the steps involved, processing times, and associated costs.
Why Applicants Consider an EB-2 to EB-3 Downgrade
In general, the higher the preference level, the shorter the waiting period. But this rule does not apply uniformly across all countries. Nationals of highly populated countries, such as China and especially India, often face significantly longer green card backlogs.
Traditionally, applicants who initially filed under EB-3 would attempt to “port” their case to EB-2 in order to benefit from faster processing times. However, due to recent priority date shifts and changing visa bulletin dynamics, Indian applicants are now finding that an EB-3 category may move faster than EB-2. This reversal has prompted many individuals to ask: Is an EB-2 to EB-3 downgrade possible, and is it beneficial?
When Can You Downgrade from EB-2 to EB-3?
Applicants may downgrade to EB-3 if they have:
- An approved EB-2 I-140 petition with their current employer.
- A priority date that is current under EB-3.
The good news is that you can reuse the PERM Labor Certification that was initially approved for your EB-2 petition. A brand-new PERM is not required when filing the EB-3 I-140, as long as the employer and position remain the same.
Processing Times for EB-2 to EB-3 Downgrade
Although the downgrade process is often quicker than remaining in the EB-2 queue, applicants should still anticipate new processing timelines:
If the downgrade is handled at the same USCIS Service Center that processed the original PERM, chances of premium processing being accepted are higher.
EB-2 vs. EB-3 India: Key Differences
- EB-2 Visa Eligibility: Requires at least a bachelor’s degree plus five years of progressive work experience, or proof of exceptional ability in sciences, arts, or business.
- EB-3 Visa Eligibility: Requires a valid U.S. job offer. Skilled workers must have at least two years of experience and a bachelor’s degree (or equivalent foreign degree).
For many highly educated Indian professionals, both categories are viable. However, the critical factor is the green card backlog, which can differ by several years between EB-2 and EB-3.
For many highly educated Indian professionals, both categories are viable. However, the critical factor is the green card backlog, which can differ by several years between EB-2 and EB-3.
EB-2 to EB-3 Downgrade: Step-by-Step Process
If you remain with the same employer who sponsored your EB-2 petition, here’s how the downgrade works:
- File a new I-140 petition under EB-3, supported by the previously certified PERM (ETA 9089).
- Include evidence showing the beneficiary meets the job’s minimum requirements as outlined in the PERM.
- Employer must demonstrate ability to pay the offered wage (tax returns, financial records, W-2s, pay stubs).
- If the EB-3 filing date is current, applicants may file I-485, I-765, and I-131 concurrently with the new I-140. This allows issuance of EADs and Advance Parole while the green card application is pending.
- Request premium processing after receipt notice of the I-140 downgrade.
Understanding Priority Dates
Your priority date is essentially your place in line for a green card. Each year, the Department of State sets per-country caps on green card numbers. When applications exceed the cap, backlogs form, pushing waiting times further.
- Final Action Dates: Determine when visas can actually be issued.
- Dates for Filing: Allow applicants to file adjustment of status (I-485) even before visas are issued.
Currently, for India, EB-3 priority dates are years ahead of EB-2, making the downgrade highly attractive for applicants wanting to accelerate their permanent residency.
Why Indian Applicants Wait Longer
Countries like India exceed annual caps due to high demand. As a result, backlogs build, and visa bulletin dates move more slowly. Each retrogression lengthens the line, explaining why Indian and Chinese nationals often face multi-year delays.
Benefits of an EB-2 to EB-3 Downgrade
- Opportunity to file adjustment of status earlier.
- Eligibility for EAD (work authorization) and Advance Parole while I-485 is pending.
- Potential to secure a green card years faster than remaining in EB-2.
Importantly, the benefits of a green card do not change by category. Whether through EB-2 or EB-3, lawful permanent residence grants the same rights and privileges.
Complexities and Risks
While downgrading is often simpler than porting upward, applicants must be cautious:
- Supporting documents (financials, qualifications) must still meet EB-3 requirements.
- If a new PERM is needed due to job changes, the process may reset and add months of delay.
- Applicants must ensure their original priority date is retained. Failure to do so could result in losing years of waiting time.
How Green Card Link Can Help
An EB-2 to EB-3 downgrade requires careful planning and flawless filing. At Green Card Link, its immigration attorneys have extensive experience helping applicants navigate this complex process and maximize the benefits of priority date shifts.
If you are considering downgrading your EB-2 to EB-3 to shorten your wait time, schedule a consultation with an immigration attorney at Green Card Link today. With professional guidance, you can avoid costly mistakes and take full advantage of this unique immigration opportunity.