EB2 to EB3 Downgrade

Applying for a U.S. visa can be a never-ending headache. But it can go a little faster if you keep track of any changes to priority dates. Recent changes to the visa bulletin for India have created a unique opportunity to get an I-485 faster if you apply for an EB2 to EB3 downgrade.

While the EB2 and EB3 visas are both employment-based visas, they have a few differences you should know about. Understanding them and the changes made could help you realize your U.S. dreams faster. Let’s take a look!

Difference between an EB2 Visa and EB3 Visa

Let’s start with the EB2 visa. Generally, the EB2 visa is more difficult to apply for and has more stringent requirements than the EB3 visa. This also means generally the queue for EB2 is shorter.

EB2 Visa

For foreign nationals to qualify for an EB2 visa, they have to have obtained a Bachelor’s degree or higher like a Master’s or a Doctorate. They are also required to have a minimum of five years’ experience in their chosen field of work. A foreign national can also apply for the EB2 visa if they show exceptional, above-average talent and achievement in the sciences, art, or business that would be of high value and extremely beneficial to the U.S. and its endeavors. 

EB3 Visa

EB3 doesn’t have such strict requirements and tends to be a more popular route to take for foreigners seeking employment in the U.S. You would sometimes only need a valid job offer from a U.S. company to apply for an EB3 visa. Foreigners don’t need to have exceptional skills, an advanced degree, or specialized knowledge to qualify for this visa. This includes skilled workers, professionals, and other workers like unskilled laborers. 

If you are skilled, you would need to have a minimum of two years of work experience or training in your field. If you are a professional, you would have to have at least a U.S. bachelor’s degree or foreign equivalent and must be signed up as a member of your profession.

Unskilled workers are those industries that require less than two years of experience, training, or education, and they can’t be seasonal or temporary workers.

Can you Downgrade from an EB2 to EB3 Visa?

The short answer is yes. Because EB2 has vastly stricter restrictions, a foreigner that qualifies for an EB2 visa would instantly be eligible for the requirements of an EB3 visa.

Reasons to Downgrade from an EB2 to EB3 Visa

But what would be the benefit of applying for an EB2 to EB3 downgrade? Isn’t the queue for EB2 shorter?

Previously, countries like India and China experienced long queues for EB3. However, changes made to India’s Visa Bulletin for October 2020 have made the EB3 route a lot faster than EB2. The U.S. government caps how many visas can be approved each year from each country. The Visa Bulletin manages how applicants know if it’s their turn in the line, and it could take years if there’s a large number of applicants. 

The EB2 queue was generally always shorter, but the changes have put EB3 applicants ahead of them. 

Now, an EB2 to EB3 downgrade might mean you’ll get your approval faster and can apply for an I-485 (Application to Adjust Status). Plus, the pending I-485 status will give you access to the I-485 Employment Authorization Document (EAD). With a downgrade, you can keep your EB2 filing date for your new EB3 application and thus jump the queue.

There are also benefits for your H1B visa if you’re still in the EB2 waiting queue and you’re applying for a downgrade to EB3 alongside an I-485. These benefits include:

• The I-485 EAD lets you stay in the U.S. if you happen to be laid off from your H1B job
• An H4 spouse can work with an I-485 EAD even if they lose their H4 EAD
• You don’t have to get your visa stamped at the U.S. embassy every time you travel, and
• Your dependent child would qualify for the Child Tax Credit.

How to Downgrade from an EB2 to EB3 Visa 

First, it would be a good idea to discuss downgrading from EB2 to EB3 with your U.S. employer. Your employer has to file the paperwork on your behalf in any case. 

They would need to file a new EB3 I-140 Petition for Alien Worker and a PERM labor certification. The PERM labor certification is the employer’s proof that they were not able to fill the position with a suitable U.S. citizen.

If your downgrade application is with your current employer, they can just use the original PERM they used when they first hired you. However, if you’re changing employers, you changed job positions within the same company, or you haven’t been employed yet, your employer will have to submit a new PERM certification. 

A foreign national is also only allowed to change job positions after working at the original employer for at least six months. So, if you want to skip the hassle of getting a new PERM certification and need to speed up the I-485 process, rather go back to your old position as stated on the original PERM document. Finish up your mandatory six months before moving on again.

While you can’t speed up the EB2 to EB3 downgrade with premium processing unless you file at the same service center that approved your original EB2 application, there is another way to streamline the process. File the EB3 I-140 with your EB2 PERM in regular processing. Then once you receive your receipt you can upgrade your EB3 I-40 application to premium processing. 

The general processing time for an EB2 to EB3 downgrade application is six months or more.  

Then, you can submit the I-485 EAD work permit to further the process for travel parole. However, you can only do this after your new EB3 I-140 application has been approved, and your EB3 priority date (the date the USCIS received your application) remains current. Also, because you won’t know what your cutoff dates would be for the Visa Bulletin, it’s generally advised that you should submit your I-485 at the same time as your EB2 to EB3 downgrade.

EB2 to EB3 Downgrade Cost

On average, it can cost a family of three around $5,000 to $8,000 to do an EB2 to EB3 downgrade, including attorney fees. 

While the main benefit of an EB2 to EB3 downgrade is for the I-485 EAD, it doesn’t mean you should abandon your EB2 application. Keep both applications going and only use the EB3 EAD when you absolutely need to. Otherwise, you might lose your H1B or L status after using this document. 

Read More

• Can I Stay More Than 6 Months Outside the U.S. with a Green Card?
• Green Card Process Steps: EB-1, EB-2, and EB-3 Visa
• SSN Update After Green Card
• How Long Does it Take for USCIS to Make a Decision After an Interview?
• Can You Be Deported if You are Married to an American Citizen?
• Which Countries Can You Visit With a Green Card?

Conclusion

The most important thing is to keep up to date with the U.S. Visa Bulletin and keep track of your priority date. 

Any change could mean it’s time for an EB2 to EB3 downgrade. This could fast-track your application and bring your dream of working in the U.S. in closer reach.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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