USCIS Not Accepting EB-2 and EB-3 Petitions: What You Need to Know

Are you an employer sponsoring an EB-2 or EB-3 worker? You may want to read this.

The United States Citizenship and Immigration Services (USCIS) has announced that it is temporarily suspending the acceptance of new EB-2 and EB-3 immigrant petitions due to a high volume of applications. This suspension will be in effect until further notice.

What does this mean for employers?

If you are an employer with an approved Labor Certification for an EB-2 or EB-3 worker, you will not be able to file an immigrant petition for that worker at this time. You will need to wait until USCIS resumes accepting new petitions.

What are the options for employers?

There are a few options for employers who are affected by this suspension:

1. Wait until USCIS resumes accepting new petitions. This is the simplest option, but it may take several months or even years for USCIS to resume accepting petitions.
2. File a motion to reopen or reconsider a previously denied petition. This option is only available if you have already filed a petition for the worker and it was denied.
3. Withdraw the petition and file a new one once USCIS resumes accepting petitions. This option will require you to start the process over again.

What are the implications for workers?

Workers who are waiting for their EB-2 or EB-3 petitions to be approved will likely be disappointed by this news. However, it is important to remember that this is only a temporary suspension and that USCIS will resume accepting petitions at some point in the future.

What can workers do?

Workers who are waiting for their EB-2 or EB-3 petitions to be approved should continue to work with their employers to monitor the situation. They should also stay in contact with their immigration attorney to get updates on the latest developments.

Useful Tables

Success Stories

Success Story 1

An employer was able to get their EB-2 petition approved after the suspension was lifted. The employer had filed a motion to reopen their previously denied petition and provided additional evidence to support their case.

Success Story 2

A worker was able to get their EB-3 petition approved after waiting several years for USCIS to resume accepting petitions. The worker had continued to work with their employer to monitor the situation and stay in contact with their immigration attorney.

Success Story 3

An employer was able to get their EB-2 petition approved by filing a new petition once USCIS resumed accepting petitions. The employer had withdrawn their previously denied petition and started the process over again.