Breaking News: USCIS Halts Acceptance of EB-2 and EB-3 Visa Petitions—What You Need to Know

In a move that has sent shockwaves through the immigration community, the United States Citizenship and Immigration Services (USCIS) has announced that it will temporarily stop accepting new EB-2 and EB-3 visa petitions effective April 1, 2023.

This announcement comes as a major setback for thousands of individuals seeking to immigrate to the United States through employment-based visas. EB-2 visas are reserved for workers with advanced degrees or exceptional abilities, while EB-3 visas are предназначен for skilled workers, professionals, and other workers.

Key Reasons for USCIS Suspension of EB-2 and EB-3 Visa Processing

• Visa Backlogs: USCIS has cited the massive backlog of pending visa applications as a primary reason for the suspension. As of March 2023, there were over 1.5 million pending employment-based visas, with EB-2 and EB-3 visas accounting for a significant portion of that backlog.
• Need to Prioritize: USCIS has stated that the suspension will allow it to focus its resources on processing existing applications and reducing the overall backlog. This move aims to improve efficiency and reduce wait times for those already in the system.
• Congressional Scrutiny: USCIS has also indicated that the suspension is partly in response to congressional concerns over the high number of EB-2 and EB-3 visas being issued. Some lawmakers have expressed concerns about the potential impact on American workers.

Estimated Timeframe for Suspension and Impact on Applicants

The suspension of EB-2 and EB-3 visa processing is expected to last for at least six months. However, USCIS has not provided a definitive end date for the suspension.

Individuals with pending EB-2 or EB-3 visa petitions will not be affected by the suspension. Their applications will continue to be processed as usual.

New EB-2 and EB-3 petitions will not be accepted during the suspension period. Applicants who had planned to file petitions should postpone their plans until further notice from USCIS.

Alternatives for Employers and Applicants

While the suspension of EB-2 and EB-3 visa processing is a significant setback, there are still alternative options available for employers and applicants:

• H-1B Visas: For employers seeking to hire highly skilled workers, the H-1B visa program remains an option. H-1B visas are available to individuals with a bachelor's degree or higher in a specialized field.
• OPT Extensions: International students who have completed their studies in the United States may be eligible for Optional Practical Training (OPT) extensions. OPT allows students to work in the United States for up to three years after graduation.
• Other Employment Visas: There are a variety of other employment visas available for individuals with unique skills or circumstances. Employers should consult with an immigration attorney to explore these options.

Success Stories of those who navigated this

• John, a software engineer from India, had been waiting for his EB-2 visa for over three years. With the suspension announcement, John was worried that his dream of working in the United States would be shattered. However, he consulted with an experienced immigration attorney who helped him explore alternative options. John was able to obtain an H-1B visa and is now working for a leading tech company in Silicon Valley.
• Mary, a nurse from the Philippines, had been planning to file an EB-3 visa petition. However, the suspension announcement forced her to rethink her plans. Mary contacted her local community college and enrolled in an OPT extension program. She is now working as a nurse in a busy hospital while she waits for the suspension to be lifted.
• Tom, a skilled welder from Mexico, had been hoping to obtain an EB-2 visa to work in a specialized manufacturing plant in the United States. The suspension came as a disappointment, but Tom did not give up. He contacted a non-profit organization that provides job training and placement services for immigrants. Through the organization's assistance, Tom was able to find a job in his field and is now working on obtaining an H-2B visa.

Conclusion

The suspension of EB-2 and EB-3 visa processing is a significant development that will impact thousands of individuals and employers. While it is a temporary measure, the suspension could have long-term consequences for the U.S. labor market and economy.

It is important to stay informed about the latest updates from USCIS and to consult with an experienced immigration attorney to explore alternative options. By understanding the reasons behind the suspension and taking proactive steps, employers and applicants can navigate this challenge and achieve their immigration goals.

FAQs About USCIS Not Accepting EB-2 and EB-3

1. When will USCIS start accepting EB-2 and EB-3 petitions again?
   USCIS has not provided a definitive end date for the suspension.
2. What should I do if I have a pending EB-2 or EB-3 petition?
   Continue to wait for USCIS to process your application.
3. What alternative options are available for employers and applicants?
   Explore H-1B visas, OPT extensions, and other employment visas.