Last Updated on November 26, 2022 by Anda Malescu
This article discusses that the US encourages applications for employment based green cards in EB-1 and EB-2 categories.
On February 18, 2022, US Citizenship & Immigration Services (USCIS) stated there is an exceptionally high number of employment-based green cards available for fiscal year 2022, October 2021 through September 2022.
Further, USCIS is urging that individuals consider applying the EB-1 or EB-2 preference categories, if possible. Individuals who have a pending adjustment of status application in the EB-3 category but have an approved petition in either EB-1 or EB-2 categories are encouraged to request that USCIS transfer them to the higher preference category.
In its announcement, USCIS stated that there are approximately 140,000 unused family-sponsored green cards that have spilt over into the employment-based category. This has driven the annual limit for employment-based green cards to nearly double what is typically available.
Unfortunately, the visas cannot be made available to the EB-3 employment-based category which does not require an advanced degree such as a master’s degree, due to the number of individuals awaiting EB-2 green cards.
At the end of 2020, many applicants filed as a Downgrade to EB-3, in order to take advantage of the advancement in the EB-3 category. Therefore by transferring to the higher EB-2 category applicants can speed up the process to receive their green card.
To be eligible for a transfer of basis from EB-3 to EB-2, the following criteria must be met:
- The applicant has continuously maintained eligibility for adjustment of status
- The applicant has a pending adjustment of status application under EB-3
- The applicant has a pending or approved EB-2 I-140 from the employer they intend to work for once their green card is issued (typically the applicant’s current employer)
- The applicant’s priority date is eligible for final action in the EB-2 category, as determined by the State Department’s visa bulletin.
If the requirements are met, an applicant may request in writing that USCIS transfer their pending green card application from EB-3 to EB-2.
If the request to transfer basis is based on an approved EB-2 I-140 immigrant petition, the request must be accompanied by a Form I-485J signed by the same employer that filed the EB-2 immigrant petition.
If you are interested in filing for an employment-based green card, contact us, your trusted immigration lawyers in Miami, Florida USA or schedule a consultation to learn more about the conditions for the EB-1 and EB-2 employment green cards.
Malescu Law P.A. – Immigration Lawyers
