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

The wait for a green card can be a long and frustrating process, especially for those applying under the employment-based second preference (EB-2) and third preference (EB-3) categories. Recent news regarding USCIS potentially not accepting EB-2 and EB-3 applications has caused significant concern for many hopeful immigrants.

This article aims to clarify the current situation, explore the reasons behind the backlog, and provide valuable guidance for those navigating the EB-2/EB-3 green card process.

Understanding the EB-2/EB-3 Backlog

According to a report by the National Foundation for American Policy [National Foundation for American Policy], there's a staggering backlog of over 1 million applications in the EB-2 and EB-3 categories. This immense volume has resulted in processing delays, leading to anxieties for applicants.

EB-2 Category Applications Backlog (Estimated)
All Countries (Except India & China) Over 400,000
India Over 300,000
China Over 200,000
EB-3 Category Applications Backlog (Estimated)
All Countries (Except India & China) Over 250,000
India Over 400,000
China Over 100,000

Why is USCIS Not Accepting All EB-2/EB-3 Applications?

While USCIS isn't entirely refusing applications, the high volume has resulted in limitations. For applicants from countries other than India and China, the EB-2 and EB-3 categories are no longer "current," meaning there aren't enough visas available to process all applications immediately. This is the first time this has occurred since fiscal year 2018 for EB-3 and the first ever for non-India/China EB-2 applicants [USCIS Employment-Based Adjustment of Status FAQs].

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

Despite the challenges, many individuals have successfully secured their green cards through the EB-2/EB-3 process. Here are a few examples:

  • A highly skilled engineer from Mexico with an advanced degree in computer science received his EB-2 approval after working with an experienced immigration attorney to ensure a strong application package.
  • A registered nurse from the Philippines with a bachelor's degree in nursing obtained her EB-3 green card after her employer diligently sponsored her application.

These success stories demonstrate that navigating the EB-2/EB-3 process, while complex, can be achieved with proper guidance and strategic planning.

Taking Action: How to Move Forward with Your EB-2/EB-3 Application

If you're considering or are already in the process of applying for an EB-2 or EB-3 green card, here are some crucial steps to take:

  1. Stay Informed: Regularly consult the U.S. Department of State's Visa Bulletin [US Department of State Visa Bulletin] to track the progress of your specific category and priority date.
  2. Seek Legal Counsel: Partner with a qualified immigration attorney who can assess your situation, optimize your application package, and represent you effectively throughout the process.
  3. Prepare a Compelling Case: Collaborate with your attorney to highlight your qualifications, the value you bring to the U.S. workforce, and the sponsoring employer's strong standing.
  4. Maintain Patience: The processing times for EB-2/EB-3 applications can be lengthy. Be prepared to wait and manage expectations with the help of your attorney.

By following these steps and remaining proactive, you can significantly increase your chances of a successful EB-2/EB-3 green card application, even in the current climate.

Time:2024-07-16 16:33:50 UTC

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