EB-2 to EB-3 Downgrade
There is a recent trend in EB-3 becoming current before EB-2, we’ve seen it with Chinese Nationals and now we are seeing it with Indian Nationals. The basic reasoning for this change is supply and demand. Think about it – EB-2 is for individuals with a bachelor’s degree and 5 years of experience or a master’s degree and 1 year (could be less) of experience. EB-3 is anyone with a bachelor’s degree and less than 5 years’ experience or a lower degree, including high school or no degree at all. Many individuals, when applying, may be eligible for EB-3 but not EB-2. However, with the massive backlog and wait for individuals who originally applied in EB-3 (that are Indian or Chinese, may be 5- 15 years) will gain the experience necessary to be eligible for EB-2. Remember, each category is given a quota of green cards that can be filed and issued per country, per month. So now, we have all of these individuals who are eligible for EB-2 and decide to upgrade their petition to EB-2 since it is moving quicker (by 2-3 years). This creates a shift in supply and demand, per the quotas for each category. Now, we have more individuals in EB-2 and less individuals in EB-3, creating a dichotomy from the original system. There is good news though! Downgrading to EB-3 is much easier than upgrading to EB-2. To downgrade to EB-3, the labor certification used for your EB-2 can likely be used to Eb-3, for the same employer/same position. All you have to do is file a new I-140 petition for the processing. Once the new I-140 is approved, depending on the priority date, you can use either of your approvals. If you see yourself approaching this situation, give Shankar Ninan a call today to discuss your options, risks, documents needed, availability of premium processing, backlogs and overall benefit of this process.