“The best way to predict the future is to create it,” by Abraham Lincoln.
If you’re working toward a U.S. green card, you know the process can involve years of waiting. Reaching an approved EB-3 I-140 is a big achievement, but what if your career growth now makes you eligible for the EB-2 category?
That’s where an EB-3 to EB-2 interfile can help, as it lets you shift your pending green card application to a higher category, which could cut your wait time by years. Here you’ll learn whether interfiling is right for you, how it works, and the steps to manage it successfully.
Key Takeaways
- Interfiling allows you to transfer your pending Form I-485 from the EB-3 to the EB-2 category.
- You qualify if you meet EB-2 requirements, have an approved EB-2 I-140, and your priority date is current.
- Making this switch can significantly shorten your green card wait time, sometimes by several years.
What Is EB-3 to EB-2 Interfiling?
If you’ve been waiting on your green card for what feels like forever, you might be wondering if there’s a faster route. For many employment-based applicants, interfiling, specifically moving from EB-3 to EB-2, can be that shortcut.
This process allows you to request that USCIS consider your pending I-485 under a different category, often one with a more favorable priority date. Done right, it can save you months or even years of waiting.
Let’s look into the comparison between EB-3 and EB-2 to take advantage of faster processing and better priority dates.
A Comparison Between EB-2 vs. EB-3
Before interfiling, understand the key differences between the two categories, as they can affect your application process and final approval.
| Aspects | EB-2 | EB-3 |
| Education/Experience | You qualify if you hold a master’s or higher degree, a bachelor’s degree with over five years of progressive experience, or have exceptional ability in science, arts, or business. | Professionals: Bachelor’s degree. Skilled Workers: Minimum 2 years of experience or training. Other Workers: Less than 2 years of experience. |
| Labor Certification | Generally required, but can be waived with a National Interest Waiver (NIW). | Always required. |
| Sponsorship | Typically requires an employer sponsor, but an NIW allows for self-sponsorship. | Must be sponsored by a U.S. employer. |
| Visa Availability | Historically, it has a shorter backlog and more favorable priority dates in the Visa Bulletin, leading to faster processing. | Generally has a longer backlog and less favorable priority dates, leading to longer wait times. |
| Porting | Can be “downgraded” to EB-3 to take advantage of a more current priority date if the EB-3 category is moving faster. | Can be “upgraded” to EB-2 if the applicant meets the higher qualifications, and can retain the original priority date. |
| Purpose | To attract top professionals and industry leaders. | To fill specific job roles and labor shortages across a wider range of industries. |
Eligibility Requirements for Interfiling
To move your I-485 from EB-3 to EB-2 (known as interfiling), you’ll need to meet certain requirements set by USCIS. These conditions must be satisfied during the I-485 process:
- Form I-485 is pending: Your adjustment of status application must already be in progress with USCIS.
- Approved EB-2 I-140: You must have an approved Form I-140 in the EB-2 category, either newly approved or previously approved but unused, showing that your job meets EB-2 standards.
- Ongoing EB-2 eligibility: When you request an interfile, you must still qualify for the EB-2 category.
- Current priority date: Your priority date (usually the date your labor certification was filed) must be current according to the Final Action Dates chart in the Visa Bulletin for EB-2 and your country of birth.
Thinking that Interfiling is complex? The Law Offices of Sweta Khandelwal has extensive experience in these matters and can provide the personalized guidance you need.
Employment and Legal Considerations
When interfiling, you must have a continuous job offer from your original I-140 petitioner. If you’ve switched employers after filing your EB-3 I-140 and your I-485 has been pending for at least 180 days, you may qualify for job portability under Section 204(j) of the Immigration and Nationality Act.
If you’re moving to a new employer while interfiling for EB-2, your new employer must file the EB-2 I-140. You’ll also need to submit Form I-485 Supplement J to confirm the job offer or request portability. In most cases, your employer’s active participation is required to file the new EB-2 I-140, share job details, and confirm that the job offer remains in place.
Filing Procedures for Interfiling
The submission process for interfiling typically involves sending a well-crafted letter to USCIS.
- Prepare a Cover Letter: The letter should clearly state that you are requesting to interfile your pending I-485 from the EB-3 category to the EB-2 category. Include your name, A-number (Alien Registration Number), receipt number for your I-485, and receipt number for your approved EB-2 I-140.
- Include Supporting Documentation: Attach a copy of your approved EB-2 I-140 approval notice, a copy of your I-485 receipt notice, and a completed Form I-485 Supplement J if your employer or job has changed (or even to reiterate the continuing offer from the original petitioner).
- Submit to the Correct USCIS Lockbox: Determine the appropriate USCIS Lockbox address where your I-485 is currently pending. Incorrectly addressed requests can lead to delays.
- Keep Copies: Keep copies of all submitted documents.
While premium processing is not directly available for interfiling requests, filing a new EB-2 I-140 under premium processing can expedite its approval, which is a prerequisite for interfiling. Concurrent filing (filing I-140 and I-485 together) is generally not possible when upgrading from an already filed EB-3 I-485.
Also Read: How to Upgrade EB3 to EB2: Eligibility and Steps
What Are The Challenges and Delay Of Interfiling?
Interfiling can change the way your I-485 is processed, but it’s not always a shortcut to faster approval. Here’s what to keep in mind:
- Processing times can change and aren’t guaranteed to be shorter.
- Delays may occur due to USCIS workload, case complexity, or documentation quality.
- Interfiling moves your application to a different queue under the EB-2 category.
- Keeping your contact information updated with USCIS is essential.
- Regularly check your USCIS account for any status changes.
By staying informed and working with an experienced immigration attorney, you can better understand potential delays and plan your next steps with confidence..
USCIS Response and Multiple Interfiling Requests
USCIS has the discretion to accept or deny interfiling requests. While they generally try to accommodate such requests when eligibility is met, there’s no explicit guarantee.
There is no specific procedure preventing the submission of multiple interfiling requests if, for instance, you obtain a new approved EB-2 I-140 after a previous request. However, it’s crucial to ensure each request is well-founded and supported by the necessary documentation. Historically, USCIS has generally considered subsequent interfiling requests if there’s a valid new basis.
Conclusion
Interfiling from EB-3 to EB-2 can offer significant advantages, most notably the potential for a faster green card approval if the visa bulletin trends favor the EB-2 category for your country. By understanding the eligibility criteria, following the correct filing procedures, and being aware of potential challenges, you can strategically navigate this process.
Consult an experienced immigration attorney, Swetha Khandelwal, to assess your eligibility, guide the process, and prepare a strong interfiling request. Stay updated on USCIS rules and regulations.
Reach out to the Law Offices of Sweta Khandelwal for a consultation. Our team, led by Swetha Khandelwal, will walk you through each stage of the process for detailed advice curated to your specific situation. Schedule a consultation today and ensure your EB3 to EB2 upgrade is in expert hands.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
FAQs
Q1. Do I need to file a new I-485 and pay the fee again?
A.No. The primary benefit of an EB-3 to EB-2 interfile is that you do not need to file a new Form I-485 or pay the filing fee again. Interfiling is a request to transfer the basis of your existing, pending I-485 application from the EB-3 to the EB-2 category.
Q2. Can I interfile if my I-485 is based on a pending EB-3 I-140 and I also have an approved EB-2 I-140?
A.Yes. USCIS guidance permits interfiling even if your EB-3 I-140 petition is still pending, as long as your new EB-2 I-140 petition is approved. The key is to have a valid, approved EB-2 petition to transfer your I-485 to, and your priority date must be current for the EB-2 category.
Q3. Can I change employers after interfiling?
A.Interfiling resets the 180-day clock for job portability under AC21. This means you must wait 180 days from the time your interfiling request is received by USCIS before you can port to a new employer. A new employer would then need to file a new Form I-485 Supplement J to confirm the continuing job offer.
Q4. Is USCIS Required to Approve an Interfiling or Transfer Request?
A. No. Approving an interfiling or transfer request is entirely up to USCIS. Even if you meet all eligibility criteria, approval is not guaranteed.
