EB-2 to EB-3 Downgrade for Indian and Chinese Nationals – January 2019

Practice Areas
By Angelita Chavez, Gladys Gervacio, Toni Ordona, and Armando Escobedo

Summary

On December 13, 2018, the Department of State (DOS) released the January 2019 Visa Bulletin. Of particular relevance is the employment-based third (EB-3) and second preference (EB-2) category for India and China.  The EB-3 category for beneficiaries born in China and India has a priority date earlier than the EB-2 category.

Employers may consider downgrading Indian and Chinese nationals’ green cards from EB-2 to EB-3 for priority dates before:

  • Indian Nationals: April 01, 2010
  • Chinese nationals: January 01, 2016

Employers can do this by filing a concurrent or new Immigrant Petition for Alien Worker (Form I-140).

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born El SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES
1st 01JUN18 01OCT17 01JUN18 01OCT17 01JUN18 01JUN18
2nd C 08SEP15 C 22MAY09 C C
3rd C 01JAN16 C 01APR10 C 01AUG17
Other Workers C 01JUN08 C 01APR10 C 01AUG17
4th C C 01MAY16 C C C
Certain Religious Workers C C 01May16 C C C
5th Non-Regional Center (C5 and T5) C 01OCT14 C C C C
5th Regional Center (I5 and R5) C 01OCT14 C C C C

We recommend working with your Immigration Practitioner to address any questions or concerns you may have.

Contact Us

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Sources:

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: January 2019

Multiple I-140s, Priority Date Retention, and the 2013 China EB-2/EB-3 Anomaly