Where Things Stand Right Now
As of the April 2026 Visa Bulletin, the Final Action dates for India are:
| Category | India Final Action | India Filing Date |
|---|---|---|
| EB-2 | July 15, 2014 | January 15, 2015 |
| EB-3 | November 15, 2013 | January 15, 2015 |
For China, both EB-2 and EB-3 are in 2021 — much closer to current — and the category comparison matters less because both are moving fairly quickly.
What's the Difference Between EB-2 and EB-3?
EB-2
- Requires advanced degree (Master's or higher) or exceptional ability
- Can also be filed as EB-2 NIW (National Interest Waiver) — no employer needed
- Higher salary requirements under prevailing wage
- Typically used for engineers, scientists, managers, doctors
EB-3
- Requires Bachelor's degree or 2 years of training/experience
- Always requires employer sponsorship and PERM
- Lower prevailing wage requirements
- Broader range of roles qualify — including skilled workers and professionals
In practice, many applicants with Master's degrees or higher qualify for both EB-2 and EB-3. Your employer and immigration attorney determine which category to file under — often based on the job requirements, not just your credentials.
Should You File in Both EB-2 and EB-3?
Many India-born applicants who filed under EB-2 have also filed a second PERM under EB-3 — a strategy called "porting" or "downgrading." The logic: if EB-3 ever gets ahead of EB-2 (as happened in 2019–2020), you can switch to EB-3 to get an earlier priority date.
This strategy makes sense when:
- Your employer is willing to sponsor a second PERM under EB-3
- The EB-3 date is meaningfully ahead of EB-2 — or historical patterns suggest it might be soon
- You want optionality in case EB-2 retrogresses
How the Gap Between EB-2 and EB-3 Has Changed Over Time
The relationship between EB-2 and EB-3 India dates is dynamic — not fixed. Here's how it has shifted:
| Period | Which Was Ahead? | Why |
|---|---|---|
| 2015–2018 | EB-2 ahead | Normal spillover pattern favors EB-2 |
| 2019–2021 | EB-3 briefly surged ahead | High EB-3 worldwide demand triggered spillover from EB-1 → EB-2 → EB-3, pushing EB-3 India dates forward faster |
| 2022–2024 | Roughly equal | Dates converged; filing dates aligned |
| 2025–2026 | EB-2 pulling ahead again | EB-1 India spillover primarily benefits EB-2; EB-2 advancing ~8 months ahead |
The pattern is not predictable over a multi-year horizon. What matters most is your priority date — the earlier you filed, the better positioned you are regardless of which category moves faster.
EB-2 NIW: Filing Without an Employer
One important variant is the EB-2 National Interest Waiver (NIW). If your work is in the national interest of the United States, you can self-petition for EB-2 without employer sponsorship or PERM. The NIW standard was clarified by the 2016 USCIS policy memo (Matter of Dhanasar) and broadly covers:
- STEM researchers and academics
- Healthcare workers in underserved areas
- Entrepreneurs and startup founders
- Professionals with demonstrated national impact
NIW is particularly valuable for India applicants because it lets you get an earlier priority date independent of employer sponsorship. You can self-file, and if you later get employer-sponsored EB-2 or EB-3 with an earlier priority date, you can use the earlier one.
See how EB-2 and EB-3 compare for your priority date
Enter your country, category, and priority date to see your current bulletin status, queue position, and how date movement compares across categories.
Analyze My Wait →This content is for informational purposes only and does not constitute legal advice. Data is sourced from official U.S. government publications — U.S. Department of State Visa Bulletins and USCIS I-485 Inventory reports. Analysis and projections reflect data available at time of publication and are subject to change. Priority date movements are unpredictable and subject to policy changes. Nothing on this site should be relied upon as legal advice. Consult a qualified immigration attorney before making decisions about your green card strategy.