EB-3 to EB-2 Upgrade: Everything You Need to Know
Must-Know Facts About EB-1C Denials
Yes—it is possible to upgrade from an EB-3 green card to an EB-2 green card. However, the process can be lengthy and requires careful planning.
- The upgrade usually requires a new PERM labor certification and a new I-140 petition.
- Your EB-3 priority date can be retained for the EB-2 petition.
- Since EB-2 green cards typically have more favorable priority dates, moving into this higher-preference category may shorten your waiting time.
Many applicants wait years for their green card under EB-3. If you now meet the stricter requirements of the EB-2 category, upgrading your petition could significantly accelerate your path to permanent residency. This process is often referred to as EB-3 to EB-2 porting.
👉 Considering an upgrade? Don’t risk delays or denials. Schedule a consultation with an experienced immigration attorney at Green Card Link to guide you through the process.
Why Consider Upgrading from EB-3 to EB-2?
The main advantage of upgrading is access to faster processing times and better visa availability.
When you upgrade, you are allowed to retain your EB-3 priority date (the date your employer first filed your PERM). While you cannot simply convert your EB-3 approval into EB-2, you can start a new EB-2 petition while keeping your place in line.
To do this, you must:
- Obtain a new PERM labor certification (unless eligible for a National Interest Waiver).
- File a new I-140 petition under the EB-2 category.
- Ensure both your qualifications and the job requirements satisfy EB-2 eligibility.
EB-2 Upgrade Eligibility Requirements
If You Do NOT Have a Pending I-485
You must:
- Have a job offer that meets EB-2 minimum requirements.
- Qualify under at least one EB-2 standard:
- Advanced degree (master’s or higher, or foreign equivalent), OR
- Bachelor’s degree plus five years of progressive work experience, OR
- Exceptional ability in sciences, arts, or business.
- Advanced degree (master’s or higher, or foreign equivalent), OR
- Obtain a new PERM labor certification (unless you qualify for a National Interest Waiver).
- File a new EB-2 I-140 petition.
✅ Note: This is not interfiling. But if your EB-3 I-140 was approved, you retain the same priority date for your EB-2 petition.
If You Have a Pending I-485 (Interfiling)
This process is also known as Transfer of Underlying Basis. To qualify:
- Your new EB-2 job offer must meet EB-2 standards.
- You cannot reuse your EB-3 job description.
- You must meet EB-2 criteria (advanced degree, or bachelor’s + 5 years progressive experience).
- You must maintain eligibility for adjustment of status.
- Your EB-3-based I-485 must still be pending.
- A visa must be available under EB-2 for your country and priority date.
- USCIS must consider your EB-2 petition approvable.
Step-by-Step Guide: How to Upgrade from EB-3 to EB-2
A. Without Pending I-485
- Confirm eligibility – Ensure both you and the job meet EB-2 standards.
- File a new PERM Labor Certification (unless exempt via NIW).
- Submit a new EB-2 I-140 petition, including a copy of your EB-3 approval to retain your priority date.
- Wait for USCIS approval of your EB-2 petition.
- Monitor the Visa Bulletin to see when your date becomes current.
- File Form I-485 (or consular process) when eligible.
B. With Pending I-485 (Interfiling)
- Verify EB-2 eligibility for both you and your job.
- File a new EB-2 I-140 petition.
- Confirm visa availability by checking the monthly Visa Bulletin.
- Submit an interfiling request to USCIS with:
- A cover letter
- EB-2 I-140 receipt/approval notice
- Form I-485 Supplement J confirming the job offer
- Your I-485 receipt notice
- A cover letter
- Wait for USCIS confirmation that your case is now considered under EB-2.
EB-3 to EB-2 Porting Timeline
The timeline varies but generally takes 16–24 months:
- New PERM labor certification: ~16 months (longer if audited).
- New I-140 petition:
- Regular processing = 6–8 months.
- Premium processing = 15 business days (for $2,805).
EB-3 vs. EB-2 Priority Dates
The biggest reason to upgrade is that EB-2 cutoff dates are often more favorable than EB-3.
- The Department of State issues a monthly visa bulletin.
- If your priority date is earlier than the posted EB-2 final action date, a visa is available.
- Historically, EB-2 has moved faster than EB-3—sometimes by 3+ years.
However, there are exceptions. For some countries, EB-3 has temporarily advanced faster than EB-2. Because of this, it is critical to consult with an immigration attorney at Green Card Link before deciding to upgrade.
Rules for EB-3 to EB-2 Conversion
- Your new job must require EB-2 qualifications, not just your personal credentials.
- Simply earning a master’s degree while waiting under EB-3 does not guarantee eligibility—you must also have a qualifying EB-2 job.
- You may port within the same employer if:
- The new job is a bona fide higher-level role (e.g., Analyst → Manager).
- The new position is genuine, not created solely for immigration purposes.
- The new role requires advanced qualifications.
- The new job is a bona fide higher-level role (e.g., Analyst → Manager).
- The DOL and USCIS may closely scrutinize whether your experience with the same employer qualifies as “progressive.”
Final Takeaway
Upgrading from EB-3 to EB-2 can save years of waiting time—but only if both your qualifications and your job position meet EB-2 standards. Because USCIS carefully reviews these cases, professional guidance is essential.
📌 For personalized advice and to avoid costly mistakes, contact the immigration attorneys at Green Card Link today.
EB-3 to EB-2 Porting: How Changing Employers Can Impact Your Green Card Journey
Transferring to a Different Employer
Switching employers can make the EB-3 to EB-2 porting process significantly smoother. The reason is simple: the U.S. Department of Labor is more likely to recognize and count the work experience you gained with your previous employer toward EB-2 qualifications.
For instance, if you have been employed at Company A for four years and attempt to upgrade your EB-3 petition to an EB-2 petition with the same employer, you may encounter challenges. Often, USCIS will not allow you to use those same four years of work experience with the same employer to qualify for EB-2.
However, if you transfer to Company B, your four years of experience at Company A may be counted toward your EB-2 eligibility. This strategic move can improve your chances of success.
No matter which path you choose, having an immigration attorney at Green Card Link who understands the complexities of EB-3 to EB-2 porting can be invaluable. Our immigration attorneys can help you avoid costly mistakes, strengthen your application, and guide you through each step to maximize your likelihood of approval.
EB-2 vs. EB-3 Green Card: Key Differences
Both EB-2 and EB-3 are highly popular employment-based immigrant visa categories. The right choice for you depends on your background, work experience, and career goals.
EB-3 Green Card
The EB-3 green card is often considered the most accessible because it has broader eligibility requirements. To qualify, applicants must fall under one of the following groups:
- Skilled Workers – Requires at least two years of relevant work experience.
- Professionals – Requires a bachelor’s degree or higher (or a foreign equivalent). Professional experience alone cannot replace the degree requirement.
- Unskilled/Other Workers – Requires less than two years of experience, but the job must be permanent and full-time (not temporary or contract-based).
It’s important to note that all EB-3 applicants must undergo the PERM Labor Certification process. This ensures that no qualified U.S. workers are available for the position being offered. The job must also be full-time and permanent.
EB-2 Green Card
The EB-2 green card has stricter requirements but is one of the most sought-after categories due to faster priority dates and greater flexibility. To qualify for EB-2, you must meet one of the following:
- Hold an advanced degree (master’s or higher), or a bachelor’s degree with five years of progressive work experience.
- Demonstrate exceptional ability in science, business, or the arts.
Like EB-3, the EB-2 generally requires a PERM Labor Certification and a permanent job offer from a U.S. employer. However, applicants can bypass these requirements by applying for a National Interest Waiver (NIW). With an NIW, you can self-petition by proving that your work benefits the U.S. economy, culture, or overall national interest.
Frequently Asked Questions
How much does it cost to upgrade from EB-3 to EB-2?
Typical costs include:
- Form I-140 filing fee: $715
- Form I-485 (if applicable): $1,440
- PERM recruitment cycle costs: Vary depending on employer and job type
- Legal fees: Vary, often several thousand dollars
Should I consider an EB-2 to EB-3 downgrade?
Sometimes, EB-3 priority dates move ahead of EB-2. For example, in August 2025, EB-3 cutoff dates for India were more than four months ahead of EB-2. However, cutoff dates for both categories can fluctuate dramatically.
Visa Bulletin changes depend on several factors, such as visa demand, annual country limits, and overall quota availability. Because of this volatility, it’s critical to regularly monitor the U.S. State Department’s Visa Bulletin and consult with immigration attorneys at Green Card Link for guidance on whether an upgrade or downgrade is strategically beneficial for your case.
How Green Card Link Can Help
When it comes to your green card journey, working with experienced immigration professionals can make all the difference. At Green Card Link, our immigration attorneys have years of experience assisting clients with EB-3 to EB-2 porting, downgrades, and National Interest Waiver petitions.
By partnering with us, you gain trusted legal guidance, detailed case evaluations, and dedicated representation to help you avoid pitfalls and achieve your immigration goals.
Schedule a consultation today with an immigration attorney at Green Card Link to discuss your EB-3 to EB-2 porting options.