Should I Downgrade My Approved EB-2 I-140 to EB-3 for Faster Processing?

As of July 2025, many Indian nationals seeking U.S. green cards face a tough choice: should they use the EB-2 to EB-3 downgrade strategy to speed up their green card process? This update explains what has changed, who is affected, what actions are needed, and what these changes mean for people with pending applications. The focus is on making the process and its effects clear, especially for Indian nationals who are most impacted by the long wait times in the employment-based green card system.

Summary of What Changed

In the past, the EB-2 green card category was usually faster for Indian nationals than EB-3. However, since late 2023 and continuing into 2024 and 2025, the U.S. Department of State’s Visa Bulletin has shown that EB-3 priority dates for India are now ahead of EB-2. This means that Indian nationals with approved EB-2 I-140 petitions may get their green cards faster if they “downgrade” to EB-3. As a result, there has been a big increase in EB-2 to EB-3 downgrade filings.

Who Is Affected

• Indian nationals with approved EB-2 I-140 petitions who are waiting for their priority date to become current.
• Applicants from other countries with long EB-2 wait times, though the main impact is on Indian nationals.
• Employers who sponsor workers for green cards in the EB-2 category.
• People with pending I-485 (Adjustment of Status) applications based on EB-2.

Effective Dates

• The shift in priority dates started in late 2023 and continues through July 2025.
• The EB-2 to EB-3 downgrade option remains available as long as EB-3 priority dates are ahead of EB-2 for India.
• No new policy changes have been announced in 2025 that limit or change the downgrade process.

Required Actions

If you are considering the EB-2 to EB-3 downgrade, here’s what you need to do:

1. Check the Visa Bulletin: Confirm that your EB-3 priority date is current for your country of chargeability (usually India for most affected applicants). You can find the latest Visa Bulletin on the U.S. Department of State website.
2. Talk to Your Employer and Attorney: Your employer must agree to file a new I-140 petition in the EB-3 category. It’s important to get legal advice to make sure you meet all requirements.
3. File a New I-140 Petition: Your employer files a new Form I-140 under EB-3, using the same PERM labor certification and priority date from your EB-2 case.
4. File I-485 (Adjustment of Status): If your priority date is current, you can file Form I-485 at the same time as your new I-140. This allows you to apply for work and travel permits.
5. Consider Premium Processing: After you get the I-140 receipt number, you can request premium processing to speed up the decision, but this is not always guaranteed.
6. Maintain the Same Job and Location: You must keep the same job title, duties, and location as in your original PERM labor certification. If anything changes, you may need a new PERM, which can delay your case.
7. If You Have a Pending I-485: You can ask USCIS to “interfile” your new EB-3 I-140 with your pending I-485 by submitting Form I-485 Supplement J.

What Is the EB-2 to EB-3 Downgrade?

The EB-2 to EB-3 downgrade is a process where you file a new I-140 petition in the EB-3 category, using your already approved PERM labor certification and keeping your original priority date. This lets you take advantage of faster EB-3 processing if those dates are ahead of EB-2. Your original EB-2 I-140 stays valid unless your employer withdraws it, so you can switch back if EB-2 becomes faster again.

Eligibility and Requirements

To use the EB-2 to EB-3 downgrade, you must:

• Have an approved EB-2 I-140 petition with your current employer.
• Have a priority date that is current in the EB-3 category.
• Use the same PERM labor certification as your EB-2 case.
• Make sure your job still qualifies for EB-3 (usually at least a bachelor’s degree or two years of experience).

No new PERM is needed unless your job title, duties, or location have changed since your original filing.

Processing Times and Premium Processing

• The new EB-3 I-140 petition usually takes 6 to 10 months to process, depending on the USCIS service center.
• Premium processing is available, but only if the service center can quickly access your original PERM labor certification. USCIS will not start the 15-day premium processing clock until it confirms your PERM is valid and on file.
• Many attorneys recommend filing the I-140 and I-485 together using regular processing, then upgrading to premium processing after you get the receipt number. This helps avoid rejections if the PERM is not immediately available.

Step-by-Step Filing Process

Here’s a simple breakdown of the steps:

1. Check if EB-3 is current for your priority date in the Visa Bulletin.
2. Employer files new I-140 under EB-3 using your approved EB-2 PERM.
3. File I-485 (Adjustment of Status) at the same time if your date is current.
4. Request premium processing after you get the I-140 receipt number, if you want faster results.
5. If you already filed I-485 under EB-2, ask USCIS to connect your new EB-3 I-140 to your pending I-485 by submitting Supplement J.
6. Keep your job and location the same as in your original PERM to avoid needing a new labor certification.

Benefits of Downgrading

• Faster green card processing: If EB-3 priority dates are ahead, you can get your green card sooner.
• Early I-485 filing: This lets you apply for work and travel permits (EAD and Advance Parole) sooner.
• Flexibility: You can keep both EB-2 and EB-3 approvals, so you can switch back if EB-2 becomes faster again.
• Priority date stays the same: You don’t lose your place in line when you downgrade.

Risks and Considerations

• EB-3 I-140 approval is not automatic: USCIS will review your case under EB-3 rules.
• Processing can still take 6+ months: Even with premium processing, delays are possible.
• Premium processing is not always available: It depends on the service center’s ability to access your PERM.
• Job or employer changes can cause problems: If your job or location changes, you may need a new PERM, which can slow things down.
• USCIS may review downgrade cases more closely: Some attorneys warn that downgrade petitions get extra attention, so it’s important to have good legal help.

Expert Opinions and Legal Perspectives

Immigration attorneys agree that the EB-2 to EB-3 downgrade is a smart move for many Indian nationals, but only if done carefully. Rahul Reddy, a well-known immigration lawyer in Houston, suggests filing the new I-140 and I-485 together using regular processing, then upgrading to premium processing later. This helps avoid problems if USCIS can’t find your PERM right away.

The Murthy Law Firm says that having both EB-2 and EB-3 approvals gives you a “tactical advantage” because you can move between categories as priority dates change. However, they stress that timing and legal advice are very important.

Recent Policy Updates and Official Guidance

• No new rules in 2025: USCIS has not changed the downgrade process or made it harder.
• Priority date porting is still allowed: You can keep your original priority date when you downgrade.
• PERM reuse rules are unchanged: You can use your old PERM for the downgrade as long as your job and location are the same.
• The USCIS website and the monthly Visa Bulletin are the best sources for up-to-date information.

Implications for Pending Applications

If you already filed an I-485 based on EB-2 and want to downgrade:

• You do not have to withdraw your EB-2 application.
• You can file a new EB-3 I-140 and ask USCIS to connect it to your pending I-485 by submitting Supplement J.
• This lets you keep your place in line and take advantage of whichever category moves faster.

If you have not filed I-485 yet:

• You can file the new EB-3 I-140 and I-485 together if your EB-3 priority date is current.
• This gives you access to work and travel permits sooner.

Practical Guidance for Indian Nationals

• Monitor the Visa Bulletin every month: Priority dates can move forward or backward quickly.
• Work closely with your employer and attorney: Make sure all filings are correct and timely.
• Keep your job and location the same: Changes can require a new PERM and slow down your case.
• Be ready for possible delays: Even with premium processing, some cases take longer.
• Stay flexible: If EB-2 becomes faster again, you can switch back.

Future Outlook

The movement of priority dates is unpredictable, especially for Indian nationals. As long as EB-3 stays ahead of EB-2, downgrading will remain popular. However, this could change at any time, so it’s important to stay informed and be ready to adjust your strategy.

No new USCIS rules or laws affecting the downgrade process have been announced as of July 2025. Still, it’s wise to check official sources and talk to your attorney regularly.

Additional Resources

• USCIS Official Website: For forms, instructions, and case status.
• Visa Bulletin: For monthly priority date updates.
• Form I-140: For employment-based immigrant petitions.
• Form I-485: For adjustment of status.
• Form I-485 Supplement J: For confirming job offers and interfiling.
• Immigration law firms like Murthy Law Firm and Reddy Law Group offer free consultations to help you decide if downgrading is right for you.

Key Takeaways and Next Steps

• The EB-2 to EB-3 downgrade is a practical option for Indian nationals with approved EB-2 I-140s, especially when EB-3 priority dates are ahead.
• Check the Visa Bulletin every month to see if your EB-3 date is current.
• Work with your employer and attorney to file the new I-140 and I-485 correctly.
• Consider premium processing, but be aware it’s not always available right away.
• Keep your job and location the same to avoid needing a new PERM.
• Stay flexible and informed: You can switch back to EB-2 if it becomes faster in the future.

As reported by VisaVerge.com, the EB-2 to EB-3 downgrade remains one of the most effective strategies for Indian nationals facing long green card wait times. However, every case is unique, so it’s important to get legal advice before making any decisions.

For the latest official information, always check the USCIS Visa Availability and Priority Dates page.

By following these steps and staying informed, you can make the best decision for your green card journey and avoid unnecessary delays.

Learn Today

EB-2 → Employment-based green card category for advanced degree holders or persons with exceptional ability.
EB-3 → Employment-based green card category for skilled workers, professionals, and other workers with lower priority dates.
I-140 Petition → USCIS form filed by employers to petition for foreign workers’ immigrant visas based on employment.
Priority Date → Date USCIS uses to determine an applicant’s place in the green card queue within visa categories.
PERM Labor Certification → Department of Labor process certifying that no qualified U.S. worker is available for the foreign position.

This Article in a Nutshell

Indian nationals facing long EB-2 green card waits now consider EB-2 to EB-3 downgrade. This tactic uses earlier EB-3 priority dates to speed processing. Applicants must file a new EB-3 I-140 and ensure job consistency. Legal advice and timely tracking of Visa Bulletin remain critical for success.
— By VisaVerge.com