EB-3 Visa

Employment Visas for the Fiscal Year 2022 (FY22) in the United States are exhausted. FY22 ends on September 30, and the United States Citizenship and Immigration Services (USCIS) cannot consider any more I-485 (green card) applications until FY23, which starts on October 1st. The following is an overview of this situation.
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The PERM Labor Certification is a process through which a foreign professional with an employment-based immigrant visa can acquire a green card to the United States. There are a total of 9 steps for acquiring a green card. The first part is PERM, then I-140 and the final step is the green card application. The following is an overview of the process.
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USCIS is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.
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USCIS is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
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There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022). In partnership with the U.S. Department of State, we are committed to attempting to use all these visa numbers. There are many more visas available in the first (priority workers) and second (workers with advanced degrees or of exceptional ability) employment-based categories than pending adjustment of status applications pending with USCIS.
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Foreign nationals with an employment-based, third preference (EB-3) visa can improve their status by qualifying for an employment-based, second preference (EB-2) visa. The EB-2 category can be attained if the applicant acquires additional work experience or a higher-level degree.
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The Department of State (DOS) of the United States declared that the demand for green cards (immigrant visas) is high because the COVID-19 pandemic is still disrupting and delaying appointments at US consulates overseas. Approximately 100,000 employment-based immigrant visas remain unused, so the DOS has allowed more immigrants currently in the US to apply for green cards than usual.
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US Employers update from NPZ Law Group: Employment-Based Immigration Doubles Come October 1st
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Are you looking to get an employment-based visa? If so, you may have heard of EB-2 and EB-3 visas. Both are permanent residency visas, green cards, for skilled professionals and academics. There are, however, marked differences between the two.
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On Dec 2nd, 2020, U.S. Citizenship and Immigration Services announced updated guidance for adjudicating EB-2 and EB-3 Schedule A petitions for registered nurses, physical therapists, and aliens of exceptional ability.
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Two of the most highly sought after employment-based visas are the EB-2 and the EB-3 classifications.
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