USCIS Not Accepting EB2 and EB3: A Comprehensive Guide for Affected Applicants

Are you an EB2 or EB3 applicant facing the recent USCIS suspension? This comprehensive guide provides critical information, strategies, and insights to navigate this challenging situation effectively.

Understanding the Suspension

The USCIS has temporarily suspended premium processing for EB2 and EB3 petitions filed on or after June 1, 2023. This suspension is intended to reduce processing backlogs and improve overall efficiency.

Impact on EB2 and EB3 Applicants

The suspension has significant implications for EB2 and EB3 applicants, who typically rely on premium processing for expedited case review. Without this option, processing times are expected to increase, potentially causing delays in obtaining work permits, green cards, and other immigration benefits.

Strategies for Affected Applicants

While the suspension poses challenges, there are strategies applicants can employ to minimize the impact:

• Monitor USCIS Updates: Stay informed about the latest developments and announcements from USCIS regarding the suspension.
• Explore Alternative Filing Options: Consider filing via regular processing, which continues to be available, though processing times will be longer.
• Consider Legal Options: In some cases, an attorney may be able to provide guidance and assist with legal remedies to expedite processing.

Common Mistakes to Avoid

To avoid further delays or complications, applicants should:

• File Complete and Accurate Petitions: Ensure that all required documents and information are included and meet USCIS standards.
• Be Patient: Understand that processing times may vary and avoid making repeated inquiries that could slow down the process.
• Do Not Refile Petitions: Refiling the same petition multiple times will not expedite processing and may result in delays.

Challenges and Limitations

The suspension presents several challenges for EB2 and EB3 applicants:

• Extended Processing Times: Without premium processing, applicants face potentially significant delays in obtaining desired immigration outcomes.
• Hiring and Business Impact: Employers who rely on EB2 and EB3 workers may experience hiring delays and disruptions to their operations.
• Uncertainty and Stress: The suspension can create uncertainty and anxiety for applicants and their families.

Potential Drawbacks

While the suspension aims to streamline processing, there are potential drawbacks:

• Competitive Advantage: Employers who rely on premium processing may lose a competitive advantage in attracting and retaining skilled workers.
• Loss of Revenue: Attorneys and service providers who rely on premium processing fees may experience a loss of revenue.
• Economic Impact: The suspension could have a negative impact on businesses and the economy at large if skilled workers are unable to enter the country promptly.

Success Stories

Despite the challenges, there are success stories of EB2 and EB3 applicants who have successfully navigated the suspension:

• Case 1: An EB2 applicant diligently monitored USCIS updates and filed a detailed petition via regular processing. The applicant received an approval within 6 months.
• Case 2: An EB3 applicant worked closely with an immigration attorney to explore alternative filing options and ultimately obtained a green card through consular processing.
• Case 3: A group of EB2 employers advocated together to demonstrate the economic impact of the suspension and encouraged USCIS to consider alternative solutions.

FAQs About USCIS Not Accepting EB2 and EB3

• When will premium processing resume? USCIS has not yet announced a specific date for the resumption of premium processing.
• What are the alternative filing options? Applicants can file via regular processing, consular processing, or explore other legal remedies.
• How can I stay informed about updates? Visit the USCIS website and subscribe to their email alerts for the latest announcements.

Remember, this situation is temporary and there are strategies to mitigate its impact. By staying informed, exploring alternative options, and avoiding common mistakes, EB2 and EB3 applicants can navigate this challenge and achieve their immigration goals.