[ad_1]
MUMBAI: The US Citizenship and Immigration Services (USCIS) has indicated that there are an ‘exceptionally high number’ of employment-based green cards available in the first preference category (EB-1 or priority worker category) and in the second preference category (EB-2 or professionals with advanced degrees or exceptional ability category), during the fiscal year (October 2021-September 2022).
USCIS in its statement advises green card applicants to consider applying under the EB-1 or EB-2 category if eligible, and encourages a transfer of underlying basis (from EB-3) where possible. ‘Transfer of underlying basis’ refers to a process by which USCIS reclassifies a pending green card application from one category to another, e.g. from EB-3 to EB-2.
The overall employment-based annual limit for fiscal year 2022 is approximately twice as high as usual, because that limit includes all unused family-sponsored visa numbers from fiscal year 2021, which was approximately 140,000.
In addition, under the relevant statute, any visas not required in the fifth employment-based preference category are made available in the first employment-based preference category, and any visas not required in the first employment-based preference category are made available in the second employment-based preference category, explains USCIS.
The immigration agency adds that these excess numbers cannot be made available to applicants in the third employment-based preference category because, given the significant number of non-citizens awaiting visas in the second employment-based preference category, these visas are required by statute to be used for the second preference category.
USCIS has created a new interfiling processing allowing EB-3 applicants to transfer their pending I-485s to the other two categories.
Immigrant attorneys expect a lot of movement from the EB-3 to the EB-2 category, especially for those employees from India and China. However, they caution that sponsoring employers must check that the job described in the EB-2 petition will be one that the employee will actually hold.
In short:
– The EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field – be it science, art, education, business, or athletics;
– The EB-2 visa is an employment-based green card available to foreign nationals with advanced degrees (a US master’s degree or higher/foreign equivalent) and/or for those with exceptional ability. A person with a bachelor’s (or equivalent) and five years of work may also be eligible for an EB-2 visa;
– The EB3 visa is an employment-based green card visa available to professionals, skilled workers, and unskilled workers. Professionals are those with bachelor’s degrees or higher (or the foreign equivalent). Skilled workers are people with two or more years of relevant work experience. Unskilled workers are people with less than two years of relevant work experience.
Last fiscal a significant number of green cards were wasted. Immigration attorneys stated it remains to be seen whether USCIS pursuant to transfer of categories will be able to process the larger number of EB-2 applications within the time frame of September 30, 2022.
USCIS in its statement advises green card applicants to consider applying under the EB-1 or EB-2 category if eligible, and encourages a transfer of underlying basis (from EB-3) where possible. ‘Transfer of underlying basis’ refers to a process by which USCIS reclassifies a pending green card application from one category to another, e.g. from EB-3 to EB-2.
The overall employment-based annual limit for fiscal year 2022 is approximately twice as high as usual, because that limit includes all unused family-sponsored visa numbers from fiscal year 2021, which was approximately 140,000.
In addition, under the relevant statute, any visas not required in the fifth employment-based preference category are made available in the first employment-based preference category, and any visas not required in the first employment-based preference category are made available in the second employment-based preference category, explains USCIS.
The immigration agency adds that these excess numbers cannot be made available to applicants in the third employment-based preference category because, given the significant number of non-citizens awaiting visas in the second employment-based preference category, these visas are required by statute to be used for the second preference category.
USCIS has created a new interfiling processing allowing EB-3 applicants to transfer their pending I-485s to the other two categories.
Immigrant attorneys expect a lot of movement from the EB-3 to the EB-2 category, especially for those employees from India and China. However, they caution that sponsoring employers must check that the job described in the EB-2 petition will be one that the employee will actually hold.
In short:
– The EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field – be it science, art, education, business, or athletics;
– The EB-2 visa is an employment-based green card available to foreign nationals with advanced degrees (a US master’s degree or higher/foreign equivalent) and/or for those with exceptional ability. A person with a bachelor’s (or equivalent) and five years of work may also be eligible for an EB-2 visa;
– The EB3 visa is an employment-based green card visa available to professionals, skilled workers, and unskilled workers. Professionals are those with bachelor’s degrees or higher (or the foreign equivalent). Skilled workers are people with two or more years of relevant work experience. Unskilled workers are people with less than two years of relevant work experience.
Last fiscal a significant number of green cards were wasted. Immigration attorneys stated it remains to be seen whether USCIS pursuant to transfer of categories will be able to process the larger number of EB-2 applications within the time frame of September 30, 2022.
[ad_2]
Source link