EB2 vs EB3 Comparison Chart | Visafig Official Figures

In the August 2026 bulletin, India EB-2 is Unavailable while India EB-3 sits at January 1, 2014 — a gap wide enough that many applicants downgrade. Most comparison pages only list definitions; this eb2 vs eb3 comparison chart puts real numbers side by side. You’ll see the latest cutoff for your country and the actual USCIS filing fees, so you can judge which employment path is faster and what it costs. The calculator does the rest.

Photo: Tingey Injury Law Firm via Unsplash

Current Cutoff — August 2026 (Final Action Dates)

EB-2: Unavailable
EB-3: 01JAN14

Higher bar = cutoff closer to today (shorter effective wait). Source: U.S. Department of State, Visa Bulletin August 2026.

Typical Filing Fees (USCIS, 2024)

ItemEB-2EB-3
Form I-140 (petition)$715$715
Form I-485 (adjustment)$1440$1440
Form I-765 (EAD)$260$260
Form I-131 (AP)$630$630

Fees are government filing fees only and exclude attorney, translation, medical, and photo costs. Always confirm at uscis.gov/forms.

How to read this: EB-2 generally requires an advanced degree or NIW and a PERM labor certification (longer upfront), while EB-3 requires a bachelor’s degree or skilled position. When EB-2 retrogresses (as India EB-2 did to Unavailable in 2026), many applicants “downgrade” to EB-3 if their priority date is earlier than the EB-3 cutoff.

Government filing fees (same for EB-2 and EB-3)

Takeaway: fees don’t decide the race — the cutoff does. When your country’s EB-2 is retrogressed or Unavailable, EB-3 can be the faster line even though the paperwork costs the same.

Frequently Asked Questions

Should I file EB-2 or EB-3?

It depends on your degree, job offer, and your country's cutoff. EB-2 usually needs an advanced degree or NIW plus PERM; EB-3 needs a bachelor's or skilled role. When EB-2 retrogresses — India EB-2 is Unavailable in August 2026 — applicants with an earlier priority date often 'downgrade' to EB-3.

Are the filing fees really the same for EB-2 and EB-3?

The core USCIS government fees are identical — I-140 ($715), I-485 ($1,440), EAD ($260), AP ($630). What changes is attorney strategy, whether you pursue NIW (no PERM), and timing — not the form fees themselves.

What does the fee chart show?

Each bar is one government filing fee in the typical employment AOS bundle. I-485 is the heaviest line item at $1,440; the rest are smaller but add up, and they're the same whether you go EB-2 or EB-3.

Can I be in both EB-2 and EB-3 at once?

Yes. Many applicants keep dual eligibility and use whichever cutoff is friendlier in a given month, including filing an EB-3 'downgrade' while an EB-2 case is pending. Review the strategy with an attorney.

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