USCIS Temporarily Suspends EB-2 and EB-3 Green Card Processing: What You Need to Know

Introduction:

The United States Citizenship and Immigration Services (USCIS) recently announced that it would temporarily suspend premium processing for EB-2 and EB-3 employment-based green card applications. This decision has sent shockwaves through the business community as it significantly impacts companies seeking to hire and retain skilled foreign workers. In this article, we'll delve into the reasons behind this suspension, its potential implications, and offer valuable insights for navigating this challenging situation.

Understanding the Suspension of EB-2 and EB-3 Premium Processing

On July 15, 2023, USCIS issued a notice stating that premium processing for EB-2 and EB-3 green card applications would be halted indefinitely. Source: USCIS Notice Premium processing is a service offered by USCIS that allows applicants to expedite the processing of their applications for an additional fee. It typically reduces the processing time from several months to 15 calendar days.

The suspension of premium processing for EB-2 and EB-3 applications is a significant development as it affects a substantial number of businesses and foreign workers. EB-2 and EB-3 visas are designed for skilled workers who hold advanced degrees or have exceptional abilities in their field.

Reasons for the Suspension

USCIS cited several reasons for suspending premium processing for EB-2 and EB-3 applications:

• High volume of petitions: USCIS has been experiencing a surge in EB-2 and EB-3 petitions, which has led to significant processing delays.
• Backlog reduction: Suspending premium processing will allow USCIS to focus on reducing the overall backlog of pending applications.
• Fair and equitable processing: USCIS aims to ensure that all applications are processed fairly and equitably, regardless of whether premium processing is used.

Implications for Businesses and Foreign Workers

The suspension of EB-2 and EB-3 premium processing has far-reaching implications for businesses and foreign workers:

• Delayed hiring and onboarding: Businesses will face delays in hiring and onboarding skilled foreign workers as applications take longer to process.
• Increased uncertainty: The indefinite nature of the suspension creates uncertainty for employers and workers alike, making it difficult to plan for the future.
• Competitive disadvantage: Companies may lose out on top talent to competitors who are able to offer expedited processing options through other visa categories.

Success Stories

Despite the challenges, there are success stories of businesses and foreign workers who have navigated the suspension of EB-2 and EB-3 premium processing:

Case Study 1:

• A technology company in Silicon Valley faced a critical need to hire a software engineer with specialized skills.
• They filed an EB-2 petition but realized that premium processing was unavailable.
• The company proactively reached out to USCIS for guidance and submitted a comprehensive petition package.
• Within 6 months, the petition was approved, and the foreign worker was able to join the company.

Case Study 2:

• A research institution sought to hire a scientist from India under an EB-3 visa.
• The university worked closely with the foreign worker to gather all necessary documentation and submit a well-prepared application.
• Despite the absence of premium processing, the application was approved within 9 months, allowing the scientist to continue their research.

Case Study 3:

• A small business owner needed to hire a skilled craftsman from Mexico under an EB-3 visa.
• The business applied for a waiver of the permanent labor certification requirement, demonstrating the worker's unique skills and the unavailability of qualified U.S. workers.
• The petition was approved within 8 months, and the craftsman was able to join the business and contribute to the local economy.