Downgrading from EB2 to EB3: All you need to know and How to go about it

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Applying for a U.S. visa can be a complex process that might take decades in certain cases. The EB-2 and EB-3 are both employment-based visas that grant permanent U.S. residency to foreign nationals. However, the requirements for obtaining them are quite different as well as the processing time. EB3 priority dates may progress much faster than EB2. By filing a downgrade, applicants are able to file an I-485 concurrently, Application to adjust status, and also apply for employment authorization. EB-2 to EB-3 downgrade for Green Card is an option worth exploring.



DO YOU KNOW THE DIFFERENCE BETWEEN AN EB2 AND EB3 VISA?


If your goal is to work and live in the United States permanently, you can apply for a permanent work visa. There are different work visas, EB2 being one of the most preferred choices. Let's take a look! They have a few differences you should know about.

 

EB2


The EB2 visa is the second preference employment-based green card category that grants U.S. permanent residency to foreign nationals with advanced degrees or exceptional ability. Individuals must 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.

 

EB3


The EB3 visa grants qualified individuals permanent residency (a green card). You may be eligible for an EB3 visa if you are a skilled worker, unskilled worker, or professional. 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. The EB3 visa is limited in the number of visas issued per year; after this quota is reached for the year, the rest of the applications are put on hold for the next year.

 


WONDERING HOW YOU CAN DOWNGRADE FROM EB2-EB3 VISA ?

 

The good news is most people who are eligible for the EB2 visa will qualify for the EB3 visa as well because EB2 has vastly stricter restrictions; if you have qualified for an EB2 visa, then no worries, you’re instantly eligible for the requirements of an EB3 visa, and you can downgrade from EB2 to EB3. 


To downgrade from EB2 to EB3, your employer will have to file an I-140 Petition for Alien Worker and a PERM labor certification. Our team at Gehi & Associates can guide you through the downgrading process and make it way easy for you.




HOW CAN I DOWNGRADE FROM EB2-EB3 VISA?


  • To begin, the process of downgrading can be a complex and challenging effort as employees who wish to downgrade must prepare and submit an I-140 package requesting EB3 classification using the previously certified PERM that was used for the EB2. PERM labor certification proves that the U.S. employer attempted to hire a U.S. employee but failed to find the suitable one.

  • Your Employer should declare that the company will pay the proffered wage and has the ability to pay the beneficiary.

  • If eligible based on filing date status, file Forms I-485, I-765, and I-131 concurrently.

  • Await the I-140 receipt notice. You can submit a request to USCIS once a receipt notice for the I-140 has been received, as USCIS needs to retrieve a copy of the original certified ETA 9089 from the previously approved EB2 I-140 file.

  • If USCIS accepts your premium upgrade request, you will get an answer about your EB-3 downgrade in either 15 calendar days. If it does not accept the request for premium, then it will take 4-5 months.




WHAT ARE THE COSTS ASSOCIATED WITH THE DOWNGRADE PROCESS?

 

  • The EB-3 downgrade process would involve filing a new I-140 petition.


  • This means that all of the I-140 expenses would apply, including filing fee, premium processing fee (where applicable), and attorney fee.

  



WHAT ARE THE POTENTIAL BENEFITS OF DOWNGRADING TO AN EB3 VISA?

  

  • Downgrading to EB-3 is a simpler process since the qualifications for EB-2 will most likely be eligible for EB-3.
  • There is no need to file a new PERM for downgrading from EB2 to EB3. EB2 PERM can be used for EB3 downgrade.
  • An EB2 to EB3 downgrade might mean you’ll get your approval faster and can apply for an I-485 (Application to Adjust Status). The pending I-485 status will give you access to the I-485 Employment Authorization Document (EAD)
  • Having a pending Adjustment of Status application will give applicants several advantages, including applying for employment authorization and the ability to port/change to a new job in the same or similar occupation.
  • Ultimately, obtaining a permanent residence card may help those with a pending I-485 have more mobility in their careers. It also gives their spouse and children the ability to work.
  • With a downgrade, you can keep your EB2 filing date for your new EB3 application and thus jump the queue.
  • You can still keep your EB2 approved i140 even if your Eb3 i140 is denied. USCIS does not cancel or revoke your EB2 i-140 just because EB3 i-140 was denied

 

AM I AT RISK BY DOWNGRADING TO EB3 VISA?


  • Well, benefits are accompanied by certain risks too. It is possible that USCIS denies your EB2 to EB3 i140 for the reason that the employer does not have the ability to pay the wages. This can put your EB2 in danger.

  • The EB-3 downgrade process requires the employer to submit another I-140 petition with its associated fees, which might cause some trouble to the employer.

  • Also, There have been past instances where the newly downgraded EB3 priority date did not become current, and the applicant was ultimately unable to file I-485 immediately after the downgrade took place.

  • You should also keep this in mind while Using EAD as it means Abandoning H1B/L Status; once you start using EB3 EAD after the downgrade, you lose your H1B/L status as your I-9 form now shows the work authorization as EAD.

  • Going Back to H1B/L status after using EAD once you use EAD/AP is not an easy affair. You cannot file a simple change of status from i485 EAD to H1B while staying in the U.S. You would need to go out of the U.S. and apply for an H1B/L visa at the embassy. There will be many questions raised with respect to your ‘intent,’ and there are high chances of denial. For downgrade to EB3, consult our Immigration Attorney to discuss the EB2 to EB3 process.


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