The EB2 to EB3 downgrade in India: What’s involved, what are the risks, and how to get approved? We’ll also explore the reasons why you should consider downgrading your visa. Read on for an in-depth review of the process and what to expect. After all, you don’t want to end up like most of the people who have already waited too long for their visas.
Difference between EB2 Visa and EB3 Visa
If you want to immigrate to the United States, you might be wondering what the difference between an EB2 and EB3 visa is. Both visa types are employment-based, but the EB2 visa requires an advanced degree and EB3 requires an unskilled worker to fill the position.
Regardless of the reason, both visa types are incredibly popular for those who wish to move to the U.S. and start a new life. While the EB2 and EB3 categories are similar, there are some significant differences between them.
The EB3 visa is the third preference employment-based green card. While the requirements for this type of visa are less strict than those for the EB2 and EB3 visas, the wait time for these green cards is longer than other types.
The USCIS awards only about forty thousand green cards in the EB3 category each year. The most important requirement for EB-3 visas is labor certification. The applicant must complete the PERM labor certification process and keep the labor certification form.
There are several subcategories within the EB3 classification. These include skilled workers, professionals, and other workers. The skilled worker classification is the easiest to qualify for, but it requires at least two years of relevant work experience.
Applicants of the EB3 category must be sponsored by an employer to apply for a green card. These visas have less stringent requirements than the EB-1 and EB-2 visa categories, but waiting times are still longer than those for other types. To be considered for an EB-3 visa, you don’t need a new PERM and you can retain a copy of your Labor Certification form.
The EB2 category is intended for individuals who have “exceptional ability” in the sciences or arts. To be eligible for an EB2 visa, you must have a Bachelor’s degree or Master’s degree, as well as at least five years of full-time employment in your field.
The applicant must also have a sponsoring employer petition and labor certifications. If the applicant has a master’s degree, the EB-2 visa will be granted. In addition to this, you must hold a professional license, a certificate of occupation, or membership in a professional association.
The EB2 visa, on the other hand, covers professionals with advanced degrees who have a job in the U.S. and a labor certification from the Department of Labor. The employer must also show that it does not have any other employees in the United States qualified for the position. Furthermore, the prospective U.S.-based employer must not directly hire the foreign national for the job position, which is another requirement for an EB3 visa.
EB-2 to EB-3 India Downgrade
Downgrading from EB-2 to EB-3 is a bold move, but it can have significant benefits. While the process is not mandatory, it is possible in certain cases. The process may involve more paperwork and the risk of losing a priority date, but the advantages far outweigh the risks. If you’re considering the process, here are some things to keep in mind.
The first pro is the fact that downgrading is a no-brainer for companies. On the other hand, it can be a costly affair for the applicant, as it might result in increased competition for EB-3 visas. In addition, the process may slow down the processing time for applications in EB-3, which will only cause overcrowding of EB-3 categories but it can be dealt with premium processing as long as you file at the same service center.
Another pro of downgrading to EB-3 is that the waiting period for the new visa can be much shorter than for the old one. While it takes a little longer to process an EB-2 application, it will allow the applicant to keep their priority date and improve their place in line. Once the new visa bulletin comes out, this process will be completely reversed for Indian applicants.
Risks of EB-2 to EB-3 India Downgrade
In the recent past, there has been a great deal of interest in EB-2 to eb-3 “downgrade” filings. However, you may have to pay some additional costs including attorney fees around $5,000 USD to $8000 USD. Nevertheless, a number of questions remain regarding EB-2 to EB-3 downgrade filings. Read on to learn about the common risks of EB-3 to EB-2 immigration.
#Priority dates delay
If you’ve already received an EB-2 priority date, you may want to consider downgrading to an EB-3 category. But the risk of priority date delay is always there. This means that you might get a priority date for EB-3 which is well ahead of your previous one. That’s why it’s essential to seek immigration counsel before making the decision to downgrade.
#Denial with “ability to pay” as the reason
Another reason that USCIS might deny your EB2 application to EB3 is the fact that your employer can’t pay a wage, but this is not the end of the world. However, it can put your EB-2 i140 in danger too which is why you should only opt for this downgrade if you have no other option left!
How to Downgrade from an EB2 to an EB3 Visa?
There’s a good chance you’ve already considered how to downgrade from an EB2 visa to an EB3 visa. But before you proceed, there are a few things you should keep in mind. Although EB2 visas have a higher priority category, EB3 visas generally have lower preference categories. The primary difference between the two categories is the education level and work experience requirement.
In order to downgrade from an EB2 visa to an EB3 visa, the applicant must be employed in a U.S. company that doesn’t sponsor seasonal workers. Furthermore, the applicant must not have applied for a National Interest Waiver. Thus, the requirements to qualify for an EB3 visa should not pose much of a challenge. If you’ve got the right employer, EB3 visas will be granted faster.
Reasons to Downgrade from an EB2 to an EB3 Visa
Downgrading from an EB2 to an EB-3 visa in India can be beneficial for your immigration process. The waiting time for the EB-2 category was always much shorter than for the EB-3 category. This is because fewer people can apply for an EB-2 visa, so the process should move faster. EB2 and EB3 applicants should be aware of the differences between the two categories, as well as the benefits of downgrading.
#Status of Pending i-485
First, you need to understand what downgrading entails. You can try to downgrade from EB2 to EB3 by submitting a new application to change your status. Besides, it is easier for you to get the status of a pending i-485 by downgrading.
#Work in the US
There are a few benefits to downgrading your EB2 to EB3 visa. If you want to work in the US under an EAD, you should consider downgrading your EB2 status to EB3. You can use your original PERM for the downgrade application, but you will need a new one if you are switching employers.
How long does it take to downgrade eb2 to eb3?
Many people wonder how long it takes to downgrade from an EB2 visa to an EB3 visa. Downgrading from EB2 to EB3 requires a concurrent I-140 form. It takes about six months from the date of filing an i-140 to receive approval.
However, final action dates are updated by DOL every month. While it is possible to apply for the EB3 visa with the same employer that sponsored the EB2 petition, most applicants will have to file a Petition for Alien Worker. The PERM labor certification can be the same as the EB2 petition, but it must be new if the applicant changes employers.
What are the benefits of EB2 to EB3 downgrade?
If you’re wondering whether an EB2 to EB3 downgrade is worth it, consider the risks and forms. As with any immigration process, there are many moving parts to the process. However, if you’re looking to get a green card faster than normal, you might want to consider this option.
As long as your current employer’s hiring requirements haven’t changed, a downgrade to EB3 may be your best option. But there are risks to the downgrade process, so you should always consult an immigration attorney before you go through it.
EB2 is the higher preference category, and the requirements for it are more stringent. For example, if you’re an Indian national with a master’s degree and five years of experience, you’ll be eligible for EB2 whereas you’re eligible for EB3 if you’re a skilled worker with a minimum experience of 2 years in your field.
Why Choose Herman Legal Group for EB-3 to EB-2 India Downgrade?
If you’re thinking about downgrading your status from EB2 to EB3, you’re not alone. You can apply and you can be at risk of having the application denied. That’s why you should carefully plan your EB2 to EB3 downgrade with the help of a Legal group that keeps an excellent attorney-client relationship.
First of all, if you’re looking to downgrade your status, you need to hire an attorney who specializes in immigration much like Herman Legal Group. The main benefit of choosing Herman Legal Group to downgrade from EB2 to EB3 is our specialized knowledge and experience with this type of process.
Our attorneys have successfully represented clients who have gone through the process of downgrading from EB2 to EB3. The team will guide you through the process step-by-step and help you prepare for your regular processing. The process takes about three months to complete, and Herman Legal Group will be there to help you.
While the EB-2 India downgrade strategy is a great option for some foreign nationals, it isn’t right for everyone. EB-3 visas rarely have slower processing times than EB-2. There are several risks of EB-2 to eb-3 downgrade, but the benefits far outweigh the risks. If you’re thinking of downgrading your EB-2 petition to EB-3, consider consulting with a visa lawyer to make sure you’re not committing a mistake.