EB-3 India Priority Dates: Requirements, Downgrade from EB-2, and Backlog
EB-3 India covers bachelor's-degree holders and skilled workers — and while the backlog is similar to EB-2, the relative cutoff movement can make EB-3 strategically useful.
In a nutshell
EB-3 is the third preference employment-based category for skilled workers (2+ years of training/experience), professionals (bachelor's degree), and other workers. For India, EB-3 has its own backlog, which sometimes moves faster and sometimes slower than EB-2 India. Some applicants pursue both categories simultaneously.
EB-3 requirements
Skilled workers: Positions requiring at least 2 years of training or experience that are not temporary or seasonal.
Professionals: Positions requiring a baccalaureate (bachelor's) degree as a minimum in a specific field of science, arts, or business.
Other workers: Unskilled positions — not applicable to most Indian H1B workers.
Most Indian H1B workers qualify under the "professionals" sub-category.
EB-3 India backlog
Like EB-2, EB-3 India suffers from the per-country 7% cap. The Final Action Date for EB-3 India is also in the early 2010s range and moves at a similar pace to EB-2 India — though not always identically.
The key insight: EB-2 and EB-3 India move independently every month. In some months EB-3 India is more current than EB-2 India; in others, EB-2 is ahead. This creates the strategic opportunity of filing I-140 in both categories.
In a nutshell
Historical pattern: EB-3 India was temporarily ahead of EB-2 India in the late 2010s, prompting many applicants to downgrade from EB-2 to EB-3. The two have since moved at similar speeds. Always check the current bulletin rather than relying on historical trends.
EB-2 to EB-3 downgrade strategy
If you have an approved EB-2 I-140, you may be able to file a new EB-3 I-140 to take advantage of a more current EB-3 India cutoff date. This is called an EB-3 downgrade.
Avoid
Do this
- Downgrade pros: If EB-3 India is currently more current than EB-2 India, downgrade lets you file I-485 (and get EAD/AP) sooner.
- Downgrade cons: Requires a new PERM process (costly, takes 12–18 months), a new I-140 filing, and your employer must be willing. The priority date from the original EB-2 PERM may be portable to the new EB-3 I-140 if the new PERM is for the same or similar job.
Read the full EB-2 to EB-3 downgrade guide →
EB-3 to EB-2 interfiling
If you originally filed I-485 under EB-3 and your employer now has an approved EB-2 I-140, you may be able to request USCIS to adjudicate your I-485 under EB-2 — a process called interfiling. This is useful when EB-2 India becomes more current than EB-3.
Read the full EB-3 to EB-2 interfiling guide →
How to read EB-3 India in the visa bulletin
- Open the current month's visa bulletin at travel.state.gov
- Go to Table A (Final Action Dates) or Table B (Dates for Filing) — whichever applies
- Look for "3rd" row (Third Preference / EB-3) in the Employment-Based chart
- Find the India column
- Compare the printed date to your priority date — if your date is on/before the printed date, you are current
Frequently asked questions
#### Can I file PERM in both EB-2 and EB-3 simultaneously? Some employers allow concurrent PERM filings in both categories for the same employee. This gives the employee two I-140 petitions with potentially different priority dates. Discuss with your employer's immigration attorney.
#### My employer is willing to file a new EB-3 PERM for downgrade. Will my old EB-2 priority date carry over? Possibly. If the new EB-3 I-140 is for the same or similar position as the original EB-2, and the EB-2 I-140 was not withdrawn, the old priority date may be portable. This is not automatic — the employer's attorney must request priority date portability when filing the new I-140.
#### If EB-3 India is currently faster, should I immediately downgrade? Not necessarily. The relative movement of EB-2 and EB-3 India changes every month. Downgrading requires a full PERM process and costs time and money. Work with your attorney to model the expected wait under each category before deciding.
Check your priority date against the visa bulletin
Use the Priority Date Checker to compare your EB category, country, and priority date against the current visa bulletin data.
Open Priority Date Checker →