There would definitely be many candidates who filed for a green card under EB-3 category, and trying to find ways to convert under EB-2 category. The candidate might have been promoted under the same employer, or found a new job opportunity which in either case satisfies the requirements of EB-2 Category. Under these conditions, the candidate would want to convert from EB-3 to EB-2 filing category. This post explains the process of converting from EB3 to EB2 category.

What is the advantage of converting from EB3 to EB2 Category?

The wait time is what matters. A candidate filing green card under EB-2 have to wait for less time than a candidate filing under EB-3 category (Specifically for Indians). The priority date for EB-2 India currently is June 15^th 2008 and for EB-3 India is September 22^nd 2003. This means that there is 5 years additional wait time for the person filing under EB-3 category when compared to filing under EB-2, until the candidate would reach to the final green card processing stage.

Check the Monthly H1BWiki updates on EB2 and EB3 Priority Dates.

EB2 Requirements

For changing from EB-3 to EB-2, there is no simple way. If at all you have gained enough experience of working for 5 years with a Bachelors Degree or have a master’s degree, that is not enough to file or shift a green card process under EB-2 category. Your education or experience is not what counts here. The Job requirements are important. The position you are hired for must have the requirements stated that the candidate for that specific position must have a master’s degree or must have a Bachelors Degree, with at least 5 years experience.

EB3 to EB2 Shift

The EB category of a candidate filing green card will be set at the time of filing the labor certification.

A new labor certification needs to be filed in order to switch to EB2 Category from EB3.

If you have an already existing green card application under EB-3 category, your current employer or new employer can file a new case under EB-2 category, by creating a new labor certification.

EB3 to EB2 – Based on Experience and New Job Title (Promotion)

If you are meeting the experience requirement with your current employer, and if your employer is promoting you and ready to shift your petition from EB-3 to EB-2, you need to make sure that the new position you would be filing green card under, should be considerably different from your current position. In this case, you need to make sure both positions are described and differentiated, by clarifying the job duties, requirements, etc. If you fail to show considerable difference necessary for approval, you may end up being denied.

Risk of Refiling or Changing from EB3 to EB2 category

Unless you are in the final stages of green card processing, I would say the risks are minimal in regards to refilling or changing from EB-3 to EB-2 category. I would suggest you to consult an immigration attorney if you are considering changing from EB-3 to EB-2 Category, specifically if you are changing based on experience, with the new job title (promotion).