Risks When Spouses Pursue Green Cards in Different EB Categories

Recent updates in United States 🇺🇸 immigration policy and visa bulletin data have brought new attention to the challenges faced by couples whose green card applications fall under different employment-based categories, such as EB-2 and EB-3. These changes affect how spouses plan their immigration journey, especially when each partner’s green card process is tied to a separate employer and category. Understanding the risks and practical steps involved is essential for families hoping to stay together and avoid unexpected delays.

This update explains the latest developments as of August 1, 2025, and offers clear guidance for couples navigating the green card process when one spouse is in the EB-2 category and the other in EB-3. The focus is on priority dates, visa bulletin retrogression, adjustment of status timing, and the impact of new USCIS procedures. The information provided here is based on official sources, recent policy changes, and expert analysis, including insights from VisaVerge.com.

Key Changes and What They Mean for Couples

The main changes affecting couples with different employment-based green card categories include:

• Shifting visa bulletin cutoff dates for EB-2 and EB-3, especially for high-demand countries like India and China 🇨🇳.
• New editions of Form I-485 (Application to Register Permanent Residence or Adjust Status) required for all applicants starting February 10, 2025.
• Stricter adjudication standards and increased scrutiny on eligibility and fraud prevention.
• Extension of green card validity to 36 months for renewals, but no change to initial adjustment timelines.
• Ongoing volatility in visa availability due to retrogression and annual quota resets.

Let’s break down these changes and their practical implications for couples.

Priority Date Differences and Visa Bulletin Retrogression

The first and most important factor for couples in different employment-based categories is the priority date. This is the date when the employer files the first step of the green card process (usually the PERM labor certification or Form I-140, depending on the case). The priority date determines when an applicant can move forward with the final steps, such as filing Form I-485 for adjustment of status or applying for an immigrant visa at a U.S. consulate abroad.

EB-2 and EB-3 are two separate employment-based green card categories:

• EB-2 is for professionals with advanced degrees or exceptional ability.
• EB-3 is for skilled workers, professionals, and some other workers.

Each category has its own cutoff dates in the monthly visa bulletin, which are further divided by country of chargeability (usually the applicant’s country of birth). For countries with high demand, like India and China 🇨🇳, the cutoff dates can be years behind the current date, leading to long waits.

As of June 2025, the visa bulletin shows:

• EB-2 India: Priority date of December 1, 2020
• EB-3 India: Priority date of November 22, 2020
• EB-2 China 🇨🇳: Priority date of December 1, 2020
• EB-3 China 🇨🇳: Priority date of November 22, 2020

These dates can change every month, sometimes moving forward (advancing) or backward (retrogressing). When spouses are in different categories, one may become eligible to file for adjustment of status or receive a green card months or even years before the other. This creates asynchronous processing, where one spouse moves ahead in the process while the other remains stuck waiting for their priority date to become current.

Practical Example:

Imagine a couple from India. The wife is in the EB-2 category with a priority date of December 1, 2020, and the husband is in EB-3 with a priority date of November 22, 2020. If the visa bulletin advances EB-2 faster, the wife may be able to file Form I-485 and receive her green card before the husband’s EB-3 date becomes current. This can lead to one spouse having permanent resident status and the other still waiting, which can affect work, travel, and family planning.

Adjustment of Status and Employment Authorization Timing

When the priority date becomes current, applicants can file Form I-485 (Adjustment of Status) if they are already in the United States 🇺🇸. This form allows them to apply for work authorization (EAD) and advance parole (AP) for travel while their green card application is pending. However, if spouses have different priority dates, they may file Form I-485 at different times.

• The spouse with the earlier priority date (often in EB-2) can file first, receive work and travel authorization, and possibly get their green card sooner.
• The other spouse (often in EB-3) must wait until their priority date is current before filing, leading to a delay in receiving these benefits.

This staggered process can create family and employment planning challenges. For example, if the spouse in the slower category depends on the other for visa status (such as being a dependent on an H-1B or L-1 visa), any change in the primary spouse’s status could affect the dependent’s ability to stay or work in the United States 🇺🇸.

No Automatic Cross-Charging or Category Portability Between Spouses

Unlike some family-based green card categories, employment-based categories are tied to the individual’s employer and job offer. There is no way to combine or cross-charge priority dates between spouses if they are in different categories. Each spouse’s green card process is independent, based on their own employer’s petition and the category under which they qualify.

This means:

• If one spouse’s priority date becomes current, only that spouse can move forward with adjustment of status or consular processing.
• The other spouse must wait for their own category’s priority date to become current, even if they are married to someone who already has a green card.

There is also no automatic portability between EB-2 and EB-3 for spouses. While it is sometimes possible for an individual to “upgrade” or “downgrade” their own petition (for example, moving from EB-3 to EB-2 if they qualify), this does not extend to their spouse’s separate petition.

Potential Impact of Retrogression and Visa Bulletin Fluctuations

Visa bulletin retrogression—when cutoff dates move backward—can have a big impact on couples in different categories. Retrogression can happen suddenly, especially for countries with high demand. If one category retrogresses, a spouse who was about to file or receive a green card may face unexpected delays.

For example:

• If the EB-2 category for India suddenly retrogresses, a spouse who was eligible to file Form I-485 may have to wait months or years longer.
• Meanwhile, the EB-3 category might move forward, allowing the other spouse to proceed.

This unpredictability makes it important for couples to monitor the monthly visa bulletin closely and be ready to act quickly when their priority date becomes current.

Policy and Procedural Updates Affecting Employment-Based Green Cards

USCIS has made several important changes that affect all employment-based green card applicants, including those in EB-2 and EB-3:

• New editions of Form I-485 are required for all adjustment of status applicants starting February 10, 2025. Applicants must use the latest version of the form, which includes updated medical exam requirements and a streamlined public charge assessment. The official Form I-485 can be found here.
• Processing times and adjudication standards have become stricter. USCIS is focusing more on fraud detection and verifying eligibility, which can lead to longer processing times and more requests for evidence.
• Green card validity extension: For those renewing their green cards (using Form I-90), the validity period has been extended to 36 months during processing. However, this does not affect the timeline for initial adjustment of status applications.
• Public charge rules: The new Form I-485 includes updated questions and requirements related to the public charge rule, which assesses whether an applicant is likely to become dependent on government benefits.

Practical Considerations for Couples

Couples with green card applications in different employment-based categories should consider the following steps to minimize risks and delays:

• File adjustment of status applications at the same time if possible. If both spouses’ priority dates become current in the same month, filing together can help synchronize their work and travel authorization, as well as their green card approval.
• Explore petition upgrades or downgrades. If one spouse’s category is moving much faster, it may be possible to “upgrade” or “downgrade” the other spouse’s petition (for example, moving from EB-3 to EB-2 if they qualify, or vice versa). This can help align priority dates and reduce the waiting period.
• Consult with an experienced immigration attorney. Timing issues can be complex, especially for applicants from countries with high demand. Legal advice can help couples plan their filings, respond to requests for evidence, and avoid gaps in status or work authorization.
• Monitor the visa bulletin and USCIS policy updates. Changes can happen quickly, so staying informed is key to taking advantage of new opportunities or avoiding delays.

Expert and Official Guidance

USCIS and the Department of State stress the importance of using the latest forms and following updated filing instructions. Failure to use the correct form edition or provide required documentation can lead to delays or even denials.

• The USCIS Policy Manual provides detailed guidance on adjustment of status procedures, public charge rules, and other requirements for employment-based green card applicants.
• The Visa Bulletin is updated monthly and shows the current cutoff dates for each category and country.
• The USCIS Green Card Information page offers official resources and answers to common questions.

USCIS also issued new family-based immigration policy guidance on August 1, 2025, focusing on thorough adjudication and fraud prevention. While this guidance is aimed at family-based petitions, it signals a broader trend toward stricter review of all green card applications.

Future Outlook and Anticipated Developments

Looking ahead, several factors may affect couples with green card applications in different employment-based categories:

• Annual visa limits reset on October 1, 2025. This marks the start of Fiscal Year 2026 and may improve visa availability for some categories and countries. However, demand remains high, especially for India and China 🇨🇳, so backlogs may persist.
• Ongoing monitoring of visa bulletin movements and USCIS policy updates is essential. Demand can shift quickly, and legislative changes could impact processing times and priority date retrogressions.
• Potential reforms to employment-based immigration are under discussion, including changes to the H-1B and green card processes. As of mid-2025, no major changes have been finalized, but applicants should stay informed about possible new laws or regulations.

Summary Table of Key Risks and Considerations

Here’s a quick overview of the main issues couples may face when their green card processes are in different employment-based categories:

Case Study: How Different Categories Affect a Real Couple

Let’s look at a real-world example to show how these issues play out.

Amit and Priya’s Story:

Amit and Priya are both from India. Amit works as a software engineer and is sponsored for a green card in the EB-2 category. Priya is a project manager and is sponsored in the EB-3 category. Their priority dates are close, but EB-2 is moving slightly faster in the visa bulletin.

• In June 2025, Amit’s EB-2 priority date becomes current. He files Form I-485 and receives his EAD and AP within a few months.
• Priya’s EB-3 priority date is not yet current, so she cannot file Form I-485. She remains on her H-1B visa and cannot get the benefits of EAD or AP.
• Amit receives his green card in early 2026, but Priya is still waiting for her priority date to become current.
• If Priya’s employer has the option, she may try to “upgrade” her petition to EB-2, but this requires meeting the higher qualifications and going through additional paperwork.
• The couple must carefully plan their travel, work, and family decisions, as Priya’s status is less secure until she can file for adjustment of status.

This example shows how different categories can lead to uneven progress and extra stress for couples. Careful planning and legal advice are essential to avoid problems.

Practical Tips for Couples in Different Employment-Based Categories

To help couples manage the risks and challenges of being in different green card categories, here are some practical tips:

• Track both priority dates closely. Use the monthly visa bulletin to see when each spouse’s date becomes current.
• Prepare all documents in advance. When the priority date is close to becoming current, gather required paperwork, including updated medical exams and financial documents.
• File together if possible. If both priority dates are current, file Form I-485 for both spouses at the same time to align their processing.
• Consider petition upgrades or downgrades. If one category is moving much faster, talk to your employer and attorney about changing categories if you qualify.
• Stay informed about policy changes. USCIS and the Department of State often update forms, requirements, and procedures. Always use the latest forms and follow official instructions.
• Consult with an immigration attorney. Timing and category issues can be complex, especially for couples from high-demand countries. Professional advice can help you avoid mistakes and delays.

Official Resources and Contacts

For the most accurate and up-to-date information, use these official resources:

• USCIS Green Card Information: Details on eligibility, forms, and the green card process.
• USCIS Policy Manual Updates: Latest policy changes and procedural guidance.
• Visa Bulletin: Monthly updates on priority dates for all categories and countries.
• Form I-485: Official application for adjustment of status.
• USCIS Contact Center: For case-specific questions and appointments.

Conclusion and Next Steps

Couples with green card applications in different employment-based categories, such as EB-2 and EB-3, face unique challenges due to shifting priority dates, separate processing timelines, and strict USCIS procedures. The key to success is careful planning, staying informed, and seeking legal advice when needed.

• Monitor the visa bulletin every month to track your priority dates.
• Use the latest forms and follow official instructions to avoid delays or denials.
• File adjustment of status applications together when possible to align benefits and processing.
• Explore petition upgrades or downgrades if one category is moving faster.
• Consult with an immigration attorney for personalized guidance.

As reported by VisaVerge.com, the green card process for couples in different employment-based categories requires extra attention to timing, paperwork, and policy changes. By staying proactive and informed, couples can reduce the risks of separation, status gaps, and unexpected delays.

For more information and official guidance, visit the USCIS Green Card Information page.

This update reflects the most current information as of August 1, 2025. Always check official sources for the latest developments and consult with a qualified immigration attorney for advice tailored to your situation.