Can I downgrade my EB-2 I-140 petition to EB-3?

With the October 2020 visa bulletin dropping this morning, we’ve received lots of questions about whether it’s possible to file an I-140 petition “downgrade” to EB-3. The answer is yes, it likely is! This refers to a situation in which a foreign national has an I-140 petition approved in the EB-2 category (for positions that require a master’s degree or equivalent), and they would like to now downgrade to an EB-3 I-140 filing. Most of the time, a foreign national would do this when their priority date is current for the EB-3 category, but not for the EB-2 category. That does not happen frequently, but it does happen. In fact, it happened in December 2013 for China. Click here to read about the options! Please note that even though this “historic” blog post is old and refers to China, the ideas in the post are still applicable today, and this applies regardless of your country of birth!

In addition, we are hosting a webinar tomorrow, Friday, September 25th, to talk about the implications of the October visa bulletin, and the options for downgrading. We would love for you to join us for this free webinar. Please register here.

If you need help navigating this process with confidence, please contact us today to get the process underway! We are immigration lawyers in Richmond, VA but we serve clients throughout the U.S. and around the world. You can call us at 804-396-3412 or send us an email to We look forward to hearing from you.