An EB-3 to EB-2 visa upgrade will help you reach new heights in your career and shorten your path to permanent residency. This is common to many professionals who qualify for this upgrade but usually don’t know how to get there.

If you are offered a job that qualifies under EB-2 or if you qualify under the National Interest Waiver (NIW), this change can be worth considering. Here’s a step-by-step look at how the process works in 2025.

Determine Eligibility

To shift from EB-3 to EB-2, you need to first ensure that you meet the requisites for EB-2. The EB-2 visa is for those with an advanced degree or exceptional ability in your field. If your EB-3 job does not qualify, you may need to be promoted or get a new position from your employer that does.

In case you think your skills and work history would qualify for an EB-2 visa, this should be discussed with your employer. They should agree to sponsor this transition by filing a new PERM labor certification and a new I-140 petition for you.

If you’re unsure whether you qualify, an experienced immigration attorney is your best bet. Our team can evaluate your case and help you decide the best option for your case.

Obtain a New PERM Labor Certification

Your employer will have to file for a new PERM labor certification. And even if you already have one for your EB-3 case, this process must be repeated due to a difference in job role and educational requirements. The Department of Labor must certify that no qualified U.S. workers are available for the job.

This step can take months because of recruitment needs and government processing times. But, with an attorney by their side, your employer can assist with the process promptly and prevent unnecessary hiccups.

File a New I-140 Petition

Upon approval of the new PERM certification, your employer will have to file a new I-140 petition (an EB-2 for you). This can help a ton in moving faster.

In case you are applying under the National Interest Waiver (NIW), you don’t need an employer to file the petition. Instead, you have to prove that your work is in the interest of the United States. This option is perfect for researchers, entrepreneurs, and highly skilled professionals in various sectors such as healthcare, technology, etc.

If you have any questions regarding the I-140 processing, please contact our legal team who is well-versed in this manner and can ensure that everything is correctly filled so as not to cause any delays.

Check Visa Bulletin for Priority Dates

The new I-140 must be filed and then you must look at the Department of State’s Visa Bulletin to see if your priority date is current. If your date is current in the EB-2 category, then go to the final step. Otherwise, you would need to wait for a visa number to become available.

The availability of visa categories changes each month, and playing the waiting game in this category is very important to know how to interpret the Visa Bulletin. If you need guidance on when your wait time will be over, check our EB-2 visa page. The Law Office of Olena Manilich can help track your case and advise on your next steps.

File for Adjustment of Status or Consular Processing

If your priority date is current and you are in the U.S., file Form I-485 to adjust your status to green card holder. If you are outside the country, you will need to go through consular processing at a U.S. embassy or consulate.

In some cases, Form I-485 engenders medical exams, background checks, and an interview. This is the final step to get permanent residency. Since even a small error could delay your case, getting an immigration attorney to review your application is strongly recommended.

Costs Involved in Upgrading from EB-3 to EB-2

How much it costs to upgrade from EB-3 to EB-2 varies with specific factors. Cost can add up, as the filing fees alone are charged by the government.  The I-140 and I-485 petitions can be as high as $700 (I-140) and $1,225 (I-485). There is no government fee associated with the PERM labor certification process. However, employers can incur expenses from their recruitment efforts.

Legal fees can range from a few thousand dollars to tens of thousands, depending on the complexity of the case. The I-140 can also be filed with a premium processing option for an additional $2,805. It is a clear possibility if you need a very fast speed.

Each case is unique, and costs could vary according to your employer’s policies and legal mandates. If you would like a cost estimate based on your situation, please schedule a consultation to get your case started!

Get Professional Guidance

Upgrading EB-3 to EB-2 takes some planning, but it can help your immigration roadmap. If you have questions about your eligibility or would like help preparing your application or navigating the legal process, The Law Office of Olena Manilch can help.

Contact us today to learn about the next steps of the immigration journey and get started!