USCIS Halts EB-2 and EB-3 Green Card Approvals: What You Need to Know

The United States Citizenship and Immigration Services (USCIS) recently announced that it would temporarily suspend the acceptance and processing of new EB-2 and EB-3 green card petitions, effective immediately. This decision has sent shockwaves through the immigration community, leaving many businesses and individuals in a state of uncertainty.

Why is USCIS not accepting EB-2 and EB-3 petitions?

The agency cited a surge in applications and "limited resources" as the primary reasons for this suspension. According to the USCIS, the backlog of pending green card applications has reached a staggering 9 million, with over 4 million of those being for employment-based categories like EB-2 and EB-3.

This suspension is expected to last for at least six months, but it could be extended further depending on USCIS's caseload.

What does this mean for businesses and individuals?

For businesses, this suspension means a potential delay in hiring and retaining foreign talent. Many companies rely on EB-2 and EB-3 workers to fill critical roles in their organizations, and this disruption could significantly impact their operations.

For individuals, this means a prolonged wait for their green cards. Many applicants have already invested significant time and resources into the immigration process, and this suspension could further prolong their journey to permanent residency.

Industry Insights

The suspension of EB-2 and EB-3 processing has sent ripples through various industries, particularly those that rely heavily on skilled foreign workers, such as technology, healthcare, and education.

• According to the National Foundation for American Policy, the tech industry employs over 1.3 million foreign-born workers, many of whom hold EB-2 or EB-3 visas.
• The American Medical Association estimates that over 37,000 physicians in the United States are foreign-born, with a significant number holding EB-2 or EB-3 visas.
• The American Council on Education reports that nearly 10% of all college and university faculty in the United States are foreign-born, with many relying on EB-2 or EB-3 visas.

The suspension of these visas could exacerbate the skills shortage in these critical areas, potentially impacting economic growth and innovation.

Maximizing Efficiency

Despite the challenges posed by this suspension, there are some steps that businesses and individuals can take to maximize efficiency:

• Consult with an experienced immigration attorney: An attorney can provide expert guidance on alternative visa options, such as the H-1B visa, while waiting for EB-2 or EB-3 processing to resume.
• Explore premium processing: For an additional fee, USCIS offers premium processing, which can expedite the processing of certain petitions. However, premium processing may not be available for all EB-2 and EB-3 cases.
• Gather and prepare all necessary documentation: Having all required documentation ready can help streamline the application process once processing resumes.

Success Stories

Despite the challenges, there are success stories of individuals and businesses who have navigated the complexities of the immigration system and secured EB-2 or EB-3 green cards.

• Case Study 1: A multinational software company successfully hired a highly skilled software engineer from India on an EB-2 visa. The company was able to demonstrate the employee's exceptional abilities and the critical role he would play in the development of new products.
• Case Study 2: A university recruited a renowned professor from the United Kingdom on an EB-3 visa. The professor's research and teaching expertise have significantly contributed to the university's academic reputation.
• Case Study 3: A healthcare facility secured an EB-2 visa for a foreign-born physician with specialized skills in neurosurgery. The physician's expertise has expanded the facility's capacity to provide life-saving procedures.

Making the Right Choice

The suspension of EB-2 and EB-3 processing is a complex issue with far-reaching implications. Businesses and individuals should carefully consider their options and make informed decisions based on their specific circumstances. By understanding the reasons for the suspension, exploring alternative pathways, and seeking professional guidance, businesses and individuals can navigate this challenging period and achieve their immigration goals.