"We want everyone to be aware of this, but especially our Indian-based clients and those with pending EB3 Employment Visas need to know what USCIS is saying in this updated alert," explains Saurab Rijal, founding partner at the Irving-based law shop.
From the USCIS release: "if you [have] an approved immigrant visa petition in the EB-2 category chargeable to India and a priority date earlier than Sept. 1, 2014, USCIS encourages you to consider applying for adjustment of status in April by filing Form I-485, Application to Register Permanent Residence or Adjust Status."
Rijal said that EB2 VISA holders who qualify should consider filing for Adjustment of Status or Permanent Resident Status as soon as possible.
"The longer someone waits, the longer it's going to take," said Rijal.
The alert also recommends anyone with an approved I-140 for EB3 consider converting their petition to an EB2 or EB1 category (if they qualify).
Partner Chandani Rijal - a noted Employment-Based Visa expert in the field - adds important context to this recommendation: "There are qualified workers who converted status to EB3, or applied as EB3, to begin with, because those visas were readily available during the pandemic. With travel starting back up, the EB-3 bucket is filling up, and people are having to wait longer."
To qualify, three factors have to be met:
1. An EB-3 VISA is currently unavailable to the worker.
2. The worker has an approved visa through Form I-140.
3. A visa in the EB-1 or...
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