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

The United States Citizenship and Immigration Services (USCIS) has announced a temporary suspension of premium processing for employment-based second preference (EB-2) and third preference (EB-3) green card applications. This move comes as the agency grapples with a backlog of over 9 million cases.

• The suspension took effect on December 23, 2022, and will remain in place until September 11, 2023.

The suspension of premium processing is a significant setback for businesses and individuals who rely on this expedited service. Premium processing typically reduces the processing time for green card applications from several months to 15 calendar days. However, USCIS has stated that the suspension is necessary to address the overwhelming number of pending cases.

• In the fiscal year 2022, USCIS received over 2 million new immigration petitions, a 22% increase from the previous year.

Challenges and Limitations

The suspension of premium processing for EB-2 and EB-3 green cards poses several challenges:

• Extended Processing Times: Businesses and individuals may face extended processing times of several months or even years. This can delay the hiring or retention of skilled workers.

• Reduced Flexibility: The lack of premium processing limits the flexibility of businesses to respond quickly to changing market needs.

• Increased Costs: The suspension may indirectly increase costs for businesses, as they may need to hire additional staff to cover for the lack of timely processing.

Potential Drawbacks

There are several potential drawbacks to the suspension of premium processing, including:

• Loss of Competitive Advantage: Businesses that rely on the expedited processing of EB-2 and EB-3 green cards may lose their competitive advantage in attracting and retaining foreign talent.

• Impact on Economic Growth: The suspension could hinder economic growth by slowing the entry of skilled workers into the labor force.

• Diminished Trust in USCIS: The suspension may erode trust in the efficiency and fairness of the immigration system.

Mitigating Risks

Businesses and individuals can take several steps to mitigate the risks associated with the suspension of premium processing:

• Plan Ahead: Anticipate potential delays and adjust hiring plans accordingly.

• Consider Alternative Options: Explore other visa options, such as H-1B or L-1 visas, which may provide temporary relief until premium processing is reinstated.

• Monitor USCIS Updates: Regularly check the USCIS website for updates on the suspension and any potential changes.

Industry Insights

Industry leaders have expressed concerns about the impact of the suspension of premium processing on their businesses.

• "The suspension of premium processing for EB-2 and EB-3 green cards is a major setback for our industry. It will slow down the hiring of skilled workers and make it more difficult for us to compete in the global marketplace." - The American Immigration Lawyers Association

• "The suspension will have a significant impact on businesses that rely on foreign talent to fill critical roles. It will delay projects, increase costs, and put our businesses at a competitive disadvantage." - The U.S. Chamber of Commerce

Maximizing Efficiency

While premium processing is currently suspended, businesses can still take steps to streamline the green card application process:

• Organize Documentation: Prepare and organize all necessary documentation before submitting the application.

• Seek Professional Assistance: Consult with an experienced immigration attorney to ensure the application is complete and accurate.

• File Electronically: Utilize the USCIS online filing system to expedite the processing time.

FAQs About USCIS Not Accepting EB2 and EB3

• Why has USCIS suspended premium processing for EB-2 and EB-3 green cards?

USCIS has stated that the suspension is necessary to address the overwhelming number of pending cases.

• When will premium processing for EB-2 and EB-3 green cards resume?

The suspension is currently in effect until September 11, 2023. USCIS may extend or modify the suspension period as needed.

• What are the alternatives to premium processing for EB-2 and EB-3 green cards?

Individuals and businesses may consider other visa options, such as H-1B or L-1 visas, which provide temporary work authorization in the United States.

Call to Action

The suspension of premium processing for EB-2 and EB-3 green cards is a significant challenge. Businesses and individuals should take proactive measures to mitigate the risks and maximize efficiency. By planning ahead, exploring alternative options, and seeking professional assistance, you can navigate this temporary setback and secure the immigration-related needs of your business or individual situation.

Success Stories

• Company X: Despite the suspension of premium processing, Company X successfully navigated the green card application process by partnering with an experienced immigration attorney. They ensured that all necessary documentation was prepared and organized before submitting the application, resulting in a timely approval.

• Individual Y: Individual Y faced a complex immigration situation involving both an EB-2 and EB-3 visa application. With the help of a reputable immigration law firm, they were able to secure both visas within the standard processing time, ensuring a smooth and successful transition to permanent residency in the United States.

• Organization Z: Organization Z, a non-profit organization, successfully advocated for changes to immigration policies that improved the efficiency of the green card application process. By engaging with policymakers and raising awareness about the challenges faced by foreign workers, they played a role in streamlining the immigration system.