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

Are you an employer or foreign national affected by the recent USCIS not accepting EB-2 and EB-3 announcement? This article provides everything you need to know about the suspension, its impact, and what you can do to mitigate its effects.

Background

On December 20, 2022, the U.S. Citizenship and Immigration Services (USCIS) announced that it would temporarily suspend premium processing for employment-based immigrant petitions for certain categories, including EB-2 and EB-3. This means that employers will no longer be able to pay an additional fee to expedite the processing of these petitions.

EB-2 Category	EB-3 Category
Advanced Degree or Exceptional Ability Workers	Skilled Workers, Professionals, or Unskilled Workers
National Interest Waiver (NIW)	Other Workers
Outstanding Researchers and Professors	Religious Workers

Impact of Suspension

The suspension of premium processing for EB-2 and EB-3 petitions will significantly impact employers and foreign nationals. Here are some key consequences:

Impact on Employers	Impact on Foreign Nationals
Longer processing times	Increased uncertainty and anxiety
Difficulty in attracting and retaining foreign talent	Financial burden due to prolonged visa processing
Potential loss of competitive advantage	Emotional distress and professional setbacks

Strategies to Mitigate the Impact

Despite the suspension, there are several strategies employers and foreign nationals can employ to mitigate its impact:

Plan and Prepare: Assess your current immigration needs and timelines, and develop contingency plans to address potential delays.
Explore Alternative Visa Options: Consider other non-immigrant visa categories that may align with your business needs, such as H-1B or L-1 visas.
Consider Legal Assistance: Consult with an experienced immigration attorney to understand your options and navigate the complex immigration process.

Success Stories

Despite the challenges, several employers and foreign nationals have successfully navigated the USCIS not accepting EB-2 and EB-3 suspension. Here are three examples:

A technology company retained an immigration attorney to develop a strategic plan for its EB-2 and EB-3 petitions. The plan involved diversifying visa categories and exploring alternative options, resulting in successful visa approvals within the regular processing timeframe.
A healthcare provider partnered with an immigration consulting firm to explore non-immigrant visa options for its foreign nurses. The firm identified suitable H-1B and L-1 visa categories, mitigating the impact of the suspension on its staffing needs.
A foreign national with an EB-3 petition benefited from the support of a non-profit organization that provided legal assistance and emotional support throughout the extended processing period, ultimately leading to a successful visa approval.

Frequently Asked Questions (FAQs) About USCIS Not Accepting EB-2 and EB-3

When will premium processing resume for EB-2 and EB-3 petitions?

USCIS has not yet announced a specific date for the resumption of premium processing for EB-2 and EB-3 petitions.
Is there any way to expedite the processing of my EB-2 or EB-3 petition without premium processing?

No, there is currently no way to expedite the processing of EB-2 or EB-3 petitions without premium processing.
**What should I do if my EB-2 or EB-3 petition is affected by the suspension?

Consider exploring alternative visa options, consulting with an immigration attorney, and developing a contingency plan to address potential delays.

Conclusion

The USCIS not accepting EB-2 and EB-3 suspension is a significant challenge for employers and foreign nationals. However, by planning and taking proactive measures, it is possible to mitigate its impact and navigate the immigration process successfully.