The Hierarchy
| Category | Requirement | Speed |
|---|---|---|
| EB-2 | Master's Degree OR Bachelor's + 5 Years Exp | Generally Faster |
| EB-3 | Bachelor's Degree OR 2 Years Training | Generally Slower |
Standard definitions for Employment-Based categories.
Typically, EB-2 is faster. However, sometimes strange inconsistencies in demand can sometimes cause EB-3 dates to move ahead of EB-2. This usually happens because fewer people apply for EB-3 initially, or visa number allocations shift.
The "Downgrade" Strategy
When EB-3 becomes "Current" or moves significantly ahead of EB-2 (often seen for India/China applicants), EB-2 holders often choose to "Downgrade".
How It Works
Since you qualify for EB-2 (Master's), you automatically qualify for EB-3 (Bachelor's). Your employer files a new I-140 petition for the EB-3 category using your original PERM.Crucially, you keep your original Priority Date.
The Risks (The "Yo-Yo" Effect)
It sounds perfect, but there are risks of getting stuck in the wrong line if dates flip again.
Risk 1: Retrogression
If thousands of EB-2 applicants downgrade at once, the EB-3 line gets flooded and crashes, becoming slower than EB-2.
Risk 2: Cost & Complexity
It requires new filing fees, attorney fees, and potential premium processing costs. It is not cheap.