Nov 2026 bulletinEB-2 · India 01 Nov 2013 · China 01 Oct 2021 · Rest of world 01 Apr 2025PERM~10.0 months

Green Card / Side paths

Upgrading and downgrading between EB-2 and EB-3

Your priority date can move to a new I-140 in a different category. When switching from EB-2 to EB-3 (or back) can speed things up, and what it costs.

Last verified 2026-09-26 Reviewed September 30, 2026 General guidance, not legal advice. Always check with a qualified attorney

EB-2 is usually thought of as the “better” category, but for India and China the queues don’t always behave that way. In September 2026, EB-2 India was unavailable while EB-3 India’s final action date was January 1, 2014. For people with earlier priority dates, EB-3 was the category moving.

How a downgrade works

Your employer files a new I-140 in EB-3 using the same approved PERM (if the PERM supports EB-3 requirements, which it usually does). Once approved, you keep your original priority date. If you already have a pending I-485, you can ask USCIS to link it to the new I-140 (“interfiling”) instead of filing again.

Upgrading

The reverse works too: if you later qualify for EB-2 (for example you earned a master’s or five years of progressive experience since), a new EB-2 I-140 can keep your old priority date.

Should you do it?

It depends on your priority date and where each chart stands. Many people keep both petitions so they can use whichever category reaches their date first. Watch both rows on our Visa Bulletin tracker.

The good

  • Your original priority date carries over to the new I-140
  • When EB-3 moves faster than EB-2 for your country, it can save years
  • You can keep both petitions and use whichever becomes current first

The hard

  • The employer must file a second I-140
  • Which category is faster changes over time
  • A new I-485 fee is not needed if you already filed, but a new I-140 is

Recent from immigration lawyers

From independent law firms, newest first. Not reviewed by h1b-life, not legal advice and not an endorsement.

All videos and newsletters from immigration lawyers →

Sources

  1. eCFR: 8 CFR 204.5(e) (retention of priority date)
  2. Travel.State.Gov: Visa Bulletin
  3. Badmus & Associates: September 2026 EB-2/EB-3 India and China dates

Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.