Visa bulletin movement can significantly impact employment-based-immigration green card strategy. In some years, rapid advancement in higher preference categories may create opportunities to upgrade, while in others, retrogression may make a downgrade more practical. One notable example occurred in 2020, when unusually high immigrant visa availability led many applicants to consider transferring the underlying basis of their adjustment of status applications. While those conditions were temporary, they highlighted a continuing reality: successful employment-based immigration planning often requires careful monitoring of the visa bulletin and timely
decisions about interfiling, upgrading, or downgrading petitions.
What Happened in 2020: A Brief Historical Context
During fiscal year 2020, spillover of unused family-based immigrant visas into employment-based categories resulted in unusually favorable visa availability, particularly in EB-1 and EB-2. As a result, many employment-based applicants explored transferring—or “upgrading”—the basis of their adjustment of status applications in response to visa bulletin movement. While this strategy drew attention at the time, it was driven by unique, time-limited conditions and should not be assumed to apply universally in later years.
Understanding Interfiling in Employment-Based Green Card Cases
Interfiling refers to changing the preference category of the underlying employment-based immigrant visa petition that supports a pending adjustment of status application, without withdrawing the original Form I-485. Depending on visa bulletin movement, applicants may consider:
- Upgrading (for example, from EB-2 to EB-1), or
- Upgrading (for example, from EB-3 to EB-2), or
- Downgrading (for example, from EB-2 to EB-3)
Interfiling decisions must be carefully evaluated in light of eligibility requirements, petition approval status, and current agency practice under U.S. Citizenship and Immigration Services.
When Does Upgrading an Employment-Based Petition Make Sense?
Upgrading may be considered when:
- The applicant qualifies for a higher preference category
- The higher category has a more favorable priority date cutoff
- The underlying immigrant petition is approvable and well documented
However, upgrading is not automatic and does not guarantee faster adjudication. Timing, visa bulletin volatility, and agency discretion all play a role.
When Might a Downgrade Be a Strategic Option?
Downgrading may be explored when:
- A lower preference category advances faster in the visa bulletin
- Retrogression affects a previously favorable category
- Priority date retention is available and properly preserved
Downgrades are often used as a defensive strategy during periods of visa bulletin unpredictability.
Priority Date Retention and Visa Bulletin Considerations
A key factor in any interfiling strategy is priority date retention. While employment-based applicants are generally permitted to retain priority dates, exceptions exist, and errors can have long-term consequences. Each decision should be evaluated against:
- Current visa bulletin trends
- Country-specific backlogs
- The applicant’s long-term immigration goals
Chasing the Visa Bulletin: Strategic, Not Reactive Decisions
Visa bulletin movement can change rapidly. What appears advantageous in one month may reverse shortly thereafter. For this reason, interfiling decisions should be strategic, individualized, and carefully timed, rather than reactive to short-term visa bulletin shifts.
- Employment based green card visa bulletin
- EB-2 to EB-3 downgrade
- EB-3 to EB-2 upgrade
- Priority date retention employment based
- Visa bulletin retrogression employment based
- Interfiling employment based green card
- Adjustment of status visa bulletin strategy
- USCIS downgrade petition EB-2 EB-3
Conclusion
Interfiling to upgrade or downgrade an employment-based petition can be a powerful tool—but only when used appropriately. The experience of 2020 serves as a reminder that visa bulletin-driven opportunities are often temporary. Applicants considering interfiling should focus on current eligibility, long-term planning, and evolving visa bulletin trends, rather than assuming past conditions will repeat.
Frequently Asked Questions About Interfiling
Can I interfile to upgrade from EB-2 to EB-1?
Yes, in some cases an applicant may upgrade from EB-2 to EB-1 if eligibility requirements for EB-1 is met and a qualifying immigrant petition is approved. Interfiling depends on visa bulletin movement and case-specific factors.
Should I downgrade from EB-2 to EB-3 when the visa bulletin retrogresses?
A downgrade from EB-2 to EB-3 may be considered when EB-3 advances faster in the visa bulletin and the applicant qualifies. Downgrade strategies are not appropriate in every case.
Does interfiling guarantee faster green card approval?
No. Interfiling does not guarantee faster approval. Outcomes depend on visa availability, country caps, agency processing, and individual circumstances.