Is USCIS No Longer Accepting EB-2 and EB-3 Applications? A Guide for Impacted Applicants

Facing Delays in Your Employment-Based Green Card Journey? Here's What You Need to Know

The wait for an employment-based green card can be long and frustrating, but recent developments with USCIS not accepting EB-2 and EB-3 applications have caused even more uncertainty for many hopeful immigrants. This article will provide a clear picture of the current situation, explore the reasons behind it, and offer valuable guidance on how to navigate this complex process.

Understanding the EB-2/EB-3 Backlog

The EB-2 (professionals with advanced degrees or exceptional ability) and EB-3 (skilled workers with bachelor's degrees) categories are popular pathways to obtaining a green card through employment sponsorship. However, a significant backlog has emerged due to several factors, including:

• Increased Demand: The number of applicants seeking employment-based green cards has steadily grown over the years, exceeding the annual visa limits set by Congress.
• Processing Delays: USCIS, the agency responsible for adjudicating green card applications, has faced processing delays due to various factors, including the COVID-19 pandemic and staffing shortages.

According to a report by the National Foundation for American Policy [National Foundation for American Policy], a non-profit, non-partisan research organization, there are currently over 1.1 million applicants waiting for EB-2/EB-3 green cards, with the majority from India.

What Does "USCIS Not Accepting EB-2 and EB-3 Applications" Mean?

It's important to clarify that USCIS is still accepting EB-2/EB-3 applications. However, the processing timelines have been significantly impacted by the backlog. The key factor to consider is your priority date. This date determines your place in line for a visa.

The Department of State publishes a monthly Visa Bulletin [US Department of State (.gov) Visa Bulletin], which lists the priority dates for which USCIS is currently accepting applications for each green card category. For applicants from countries with high demand, like India, the priority dates for EB-2/EB-3 have retrogressed (moved backward), meaning it could take years for applications to be processed.

Here's a table for better understanding:

Success Stories: Overcoming the EB-2/EB-3 Backlog

While the backlog presents challenges, it's not insurmountable. Here are a few success stories:

• Li Wang, a software engineer from China with an EB-3 application, proactively consulted with an immigration attorney. The attorney identified a qualification that allowed Li to qualify for the EB-2 category, which had a more current priority date. This strategy significantly expedited Li's green card process.
• Smita Patel, a marketing manager from India with an EB-2 application, explored alternative options like the EB-1 (extraordinary ability) category, which has a separate priority date system with shorter processing times. With the help of an immigration professional, Smita was able to compile a strong petition demonstrating her exceptional ability, leading to a faster green card approval.

Call to Action: Don't Wait, Take Charge of Your Green Card Journey

The current situation with USCIS not accepting EB-2 and EB-3 applications highlights the importance of seeking professional guidance. An experienced immigration attorney can assess your individual circumstances, explore alternative pathways, and develop a customized strategy to expedite your green card process.

Don't let the backlog stall your American dream. Contact an immigration attorney today to discuss your options and take the first step towards securing your future in the United States.