This month's visa bulletin shows an unusual situation: the Final Action Date for EB-3 China (third preference, skilled workers and professionals) has caught up with the Dates for Filing for EB-2 China (second preference, advanced-degree professionals).
| September 2026 · Mainland China | Chart A (Final Action Dates) | Chart B (Dates for Filing) |
|---|---|---|
| EB-2 | 2021-09-01 | 2022-01-01 |
| EB-3 | 2022-01-01 | 2022-01-08 |
In plain English: if your priority date falls between 2021-09-01 and 2022-01-01, staying in EB-2 means you can file your I-485 (Application to Register Permanent Residence or Adjust Status) but can't get it approved. Move to EB-3, and your priority date is already past the Final Action Date, so in theory you're eligible for approval.
Meanwhile, the EB-2 China Final Action Date has been stuck at 2021-09-01, without moving a single day for 8 straight months, from February through September this year.
So the question that comes up every year, "Should I downgrade?", has a somewhat different answer this month.
First, to be clear: downgrading doesn't mean "giving up EB-2"
In practice, a downgrade means using the same approved PERM (labor certification) to file a second I-140 (Immigrant Petition for Alien Workers) in EB-3, with your priority date carrying over.
The basis is 8 CFR 204.5(e). In substance, it says that an approved petition under 203(b)(1), (2) or (3) gives the foreign national a priority date that can be used for any later-filed petition under 203(b)(1), (2) or (3).
That means your EB-2 I-140 is still there, and your priority date is still the same priority date. You've added a second path, not swapped one path for another.
The regulation also spells out four situations in which the priority date cannot be kept: fraud or willful misrepresentation of a material fact, revocation of the PERM by DOL, invalidation of the PERM by USCIS or the State Department, and a USCIS finding of material error in the original approval.
A timeline from start to finish
What follows is one applicant's own account on 1Point3Acres (a Chinese-language forum), not a verified decision record. His priority date was March 2020, and he filed when EB-3 Chart B was current:
- 2023-10-13 Filed the downgrade I-140, I-485, I-765 (work permit) and I-131 (advance parole) together
- 2023-10-23 Received three receipt notices
- 2023-11-07 Walk-in fingerprinting
- 2023-12-04 I-765 showed card being produced
- 2023-12-05 I-131 approved
- 2023-12-12 EB-3 Chart A would be current the following month, so he filed premium processing ($2,500) for the downgrade I-140
- 2023-12-20 I-140 approved
- 2024-01-11 I-485 transferred to a field office
- 2024-07-13 Both I-485s showed "New Card Is Being Produced"
About nine months from filing to green card. Original post
What stands out in this timeline isn't the speed; it's the order. He used Chart B to get his I-485 in first and got his work permit and advance parole, then waited until Chart A reached him before paying for premium processing on the I-140. Chart B buys you the right to "start waiting," not a green card.
A misunderstanding that got corrected in the thread
In the same thread someone asked, "Can they issue a card without Chart A being current? I always thought Chart B could only be used to file the 485."
The poster replied that it was the I-765 showing card production, meaning the combo card, not a green card.
That distinction matters. Chart B lets you file the I-485, and with it you can apply for a work permit (EAD) and advance parole (AP). But the I-485 itself can only be approved once Chart A reaches your date. When you see "card being produced," first confirm which card it is.
The real trap comes after you change jobs
If you downgrade and then change jobs, and later want to "switch back" to EB-2 when it becomes current (relink / interfile), you're in a gray area where law firms disagree.
Another applicant's own account: his EB-2 I-140 was approved while he was at his previous employer. In early 2024, when EB-3 Chart B opened up significantly, he filed a downgrade and an I-485 together through that employer, then changed jobs after 180 days. Later, when the EB-2 Final Action Date reached him, he wanted to relink back to EB-2.
The new employer's attorney refused. The reasoning: the I-485J (the supplement that confirms the new position when you change employers) filed at the time of the job change had to be tied to the EB-3 I-140, which meant the previous employer's EB-2 approval and its permanent job offer no longer held. The only way to relink would be to go back to the previous employer.
In the same thread, someone else said, "Our company's attorney said it's fine."
The poster's final words: "This kind of move is a gray area; it depends on whether the law firm is willing to help. My company's law firm would rather spend 45 minutes arguing with me on the phone than agree to relink." In the end he waited until EB-2 Chart A reached his date on its own in January and dropped the matter. Original post
Two cases don't make a pattern, but they're enough to show one thing: the idea that "you can always switch back later" doesn't hold, at least not after a job change. Your employer's law firm has the right to decline, and it's the employer's law firm that handles your I-485.
So, questions to ask before downgrading
① Is your priority date in that range? Between 2021-09-01 and 2022-01-01, the benefit of downgrading is the most direct. Outside that range, you'll need to redo the math.
② Are you likely to change jobs soon? If so, confirm the relink risk with an attorney ahead of time, and ask specifically whether your new employer's law firm will do it, not "is it legally possible."
③ Is your PERM still valid? Keeping your priority date requires that the original petition hasn't been revoked for any of the four reasons above.
④ Which chart is USCIS using this month? Whether Chart B can be used isn't set by the State Department; USCIS announces it separately each month. For September 2026, employment-based categories are using Chart A, which means you can't even file using Chart B this month. This changes monthly, so check before you file.
What we don't recommend
On forums you'll occasionally see advice like "downgrade first to hold your place, you can always withdraw later." Whether you can back out depends on whether your employer and law firm at that time are willing to cooperate, and you can't know that answer when you make the decision. That's exactly how the second case above got stuck.
This article is no substitute for a lawyer
Especially in these three situations: you have already changed jobs or plan to, your PERM has any defects, or your spouse's or children's status depends on your application (for children, the CSPA (Child Status Protection Act) age calculation also comes into play).
Visa bulletin data changes every month. The analysis in this article is based on the September 2026 visa bulletin.
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