The Visa Bulletin shows EB-3 ahead of EB-2 for my country of birth. Should I downgrade?
Possibly, if your case is employer-sponsored through PERM and the advantage exists for your country of birth. Visa Bulletin eligibility is generally based on your country of birth, not your citizenship or where you live.
As of the October 2026 chart this applies to applicants born in mainland China: EB-3 sits ahead of EB-2, and USCIS is accepting employment-based adjustment applications (Form I-485) under the Dates for Filing chart. For most other chargeability areas EB-2 remains ahead of EB-3, so downgrading would move you backwards rather than forwards.
An EB-3 downgrade is a filing strategy, not an upgrade. It does not improve the case, change your priority date, or make USCIS decide it sooner. Because the dates change monthly, check the current bulletin before deciding — see how priority dates and the two charts work.
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Related questions
Usually not. If your EB-2 petition was approved based on a PERM labor certification, your employer can generally file a second I-140 in EB-3 using the same PERM. You keep the original priority date, which is the main purpose of the downgrade.
This option does not apply to EB-2 National Interest Waiver cases because there is no labor certification to reuse.
The EB-3 petition is generally filed by the same employer that obtained the PERM and filed the EB-2 petition. Filing it does not, by itself, withdraw the EB-2 petition.
No. Filing an EB-3 petition does not withdraw or invalidate an approved EB-2 petition. Many applicants hold both approvals at the same time. The EB-3 petition is simply an additional path to permanent residence using the same priority date.
What an approved I-140 gives you is a place in line rather than a decision: you are waiting for your priority date to become current. If EB-2 later becomes more favorable for your priority date, it may be possible to proceed through the EB-2 petition instead. Because the available options can depend on the timing of the filings and the status of any pending adjustment application, discuss the strategy with your attorney before filing rather than after.
Maybe. If your priority date is earlier than the applicable EB-3 cutoff date on the Visa Bulletin chart that USCIS is accepting that month, you may be able to file Form I-485 together with the EB-3 downgrade (I-140) petition. Whether you can file and whether USCIS can approve the case are two different questions.
If concurrent filing is available, eligible spouses and children may generally file the adjustment application (Form I-485) as well. Filing the I-485 may also allow you to:
- apply for a work permit (Form I-765) at the same time
- apply for advance parole for travel (Form I-131) at the same time
- job portability after the I-485 has been pending for at least 180 days, subject to the applicable requirements
Filing the I-485 does not make USCIS decide the case sooner. USCIS generally cannot approve the adjustment application until your priority date is current under the Final Action Dates chart, regardless of which chart or category allowed you to file. See how the Visa Bulletin charts work.
Three groups generally cannot benefit from an EB-3 downgrade:
- Anyone without an approved PERM-based I-140. That includes EB-2 National Interest Waiver self-petitioners and EB-1 applicants.
- Applicants born in countries where EB-2 is ahead of EB-3. For most applicants, EB-2 remains more favorable than EB-3, so a downgrade would move them backward rather than forward.
- Anyone whose PERM sponsor will not or cannot file it. An EB-3 downgrade is employer-sponsored and generally must be filed by the same employer that sponsored the original PERM and EB-2 petition.
If you fall into the first group, the question worth asking instead is which immigration category your record may support. See which applies to me.
See how your own record reads.
We research what is publicly findable about your work and read it against the O-1 and EB-1A criteria, with a source behind every finding. Two to four minutes, and no email to start.