💥 EB-3 Surges Forward by More Than 2 Years—And Chart B Is Open Too!

ZENG QI

19 minutes ago

2 min read

At the start of the new fiscal year, employment-based immigration saw a major across-the-board advancement. More importantly—Chart B is open!

For employment-based immigrants in the U.S. who are preparing to file Form I-485, this may be even more significant than the advancement of Chart A.

Why? As long as your Priority Date is earlier than the Chart B cutoff date, and USCIS confirms that Chart B can be used that month, you may be able to file your I-485 even if your Priority Date has not yet become current under Chart A.

So what really matters this time isn’t just that the Visa Bulletin numbers look better. It’s that

👉 a large number of applicants who previously could not file I-485 may now fall within the Chart B filing window.

If your Priority Date is in 2022, 2023, or even 2024, especially if you are in EB-2 or EB-3, it’s definitely worth taking another look at your Priority Date.

⚠️ But Remember: Chart B Becoming Current ≠ Green Card Approval

Simply put:

Chart B mainly determines whether you can file your I-485.

Chart A is generally what determines whether your green card can ultimately be approved.

So the biggest significance of this major Chart B advancement for many applicants is:

👉 You may finally be able to file your I-485.

After filing, if eligible, you may also apply for an EAD work permit and Advance Parole (AP) at the same time.

🔄 EB-2 to EB-3 Downgrade: What Should You Know?

Now that the October Visa Bulletin has been released, many EB-2 applicants are considering downgrading to EB-3.

A downgrade may be an option. After obtaining an EB-3 I-140 approval, you can later determine, based on the Visa Bulletin, whether to file your I-485 under EB-2 or EB-3.

After all, even when a downgrade is successful, there is still a small possibility that the case could encounter unexpected complications.

That said, the downgrade itself generally does not negatively affect your case simply because you downgraded.

As long as the employer is willing to cooperate, a downgrade can be considered based on your individual circumstances.