Why EB-3 is not so bad for applicants born in China

May 11, 2020

Map photo by Liam Read

Almost every week, someone asks me, “Is my application EB-2 or EB-3?” For most employment-based applicants born in India or China, one of the most important outcomes is to have their applications qualify for EB-2. 

EB-2 and EB-3 are the two categories for PERM-based green card processes. EB-2 means an applicant is being sponsored for a role which requires an advanced degree (Master’s degree or higher) or a Bachelor’s degree followed by 5 years of work experience. This is the “higher” of the two classifications and traditionally provides a faster path to a green card than the EB-3 classification – at least for applicants born in India and China. This is why most applicants from these two countries have always pushed for EB-2.  

However, for applicants born in China, an EB-3 application may not be so bad as it can sometimes be faster than EB-2. Here is a look at the State Department’s Visa Bulletin going back 2 years:

 China EB-2 Cut-Off Date (Final Action) China EB-3 Cut-Off Date (Final Action) 
May 2020 10/01/2015 05/15/2016 
April 2020 09/01/2015 04/15/2016 
March 2020 08/01/2016 03/01/2017 
February 2020 07/15/2015 01/01/2016 
January 2020 07/01/2015 12/01/2015 
December 2019 06/22/2015 11/01/2015 
November 2019 03/15/2015 11/01/2015 
October 2019 01/01/2015 11/01/2015 
September 2019 01/01/2017 01/01/2014 
August 2019 01/01/2017 07/01/2016 
July 2019 11/01/2016 01/01/2016 
June 2019 11/01/2016 01/01/2016 
May 2019 05/15/2016 08/22/2015 
April 2019 04/01/2016 08/01/2015 
March 2019 01/01/2016 07/08/2015 
February 2019 10/01/2015 07/01/2015 
January 2019 08/01/2015 06/08/2015 
December 2018 07/01/2015 06/08/2015 
November 2018 05/15/2015 06/01/2015 
October 2018 04/01/2015 06/01/2015 
September 2018 01/01/2013 11/01/2014 
August 2018 03/01/2015 07/01/2014 
July 2018 01/01/2015 01/01/2013 
June 2018 09/01/2014 06/01/2015 
May 2018 09/01/2014 06/01/2015 

As you can see, over the last 2 years, about half the time EB-3 had a later cut-off than EB-2. Since the cut-off date determines when an applicant can file a green card application (either an I-485 application for adjustment of status with USCIS or an immigrant visa application through Dept. of State), at certain times it can be advantageous to be in the EB-3 classification. (With the Visa Bulletin, the earlier the cut-off date, the longer the wait to file a green card application.) 

The beauty of it is that applicants whose PERM applications qualify for EB-2 can choose to downgrade to EB-3 in order to file an I-485 application with USCIS. Even if an applicant already has an approved PERM and an EB-2 I-140 approval, he or she can always file another I-140 petition and request the EB-3 classification in order to proceed with the I-485 filing. 

In October 2019, we received an approved PERM for an employee who was born in China. Although the PERM qualified for EB-2, we gave the employee the choice of filing an EB-3 I-140 petition and also a concurrent I-485 application for adjustment of status (AOS) based on a priority date from a previous I-140 approval. As you know, there are many advantages of having a filed AOS, including an EAD and AC21 job portability where an applicant may be able to change jobs after the I-140 is approved and the AOS has been pending for 180 days. This particular employee politely declined and wanted to wait for the EB-2 date to become current. As of the end of April 2020 this employee is still waiting. In putting together this chart of the Visa Bulletin dates for China, I noticed that if this employee had filed his AOS back in October 2019, based on USCIS processing times and immigrant visa number availability over the past 4-5 months, he probably would have received his green card by now.  

So the moral of the story is – don’t be afraid to process in the EB-3 category. It may be faster than EB-2 at times (for applicants born in China) and you know what they say about a bird in the hand.... From our perspective, the actual green card looks the same regardless of whether it was issued based on EB-2 or EB-3.  

To speak to an attorney about the PERM process or any other employment-based green card matters, please contact us here. Our experienced team can advise you on the quickest way to process your case.

error: Content is protected !!
Skip to content
red-logo-circle
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.