Worldwide Retrogression of EB-3 Visa for Foreseeable Future, Here Are Alternatives…

According to the Visa Bulletin for March 2020, the EB-3 visa category is oversubscribed and a worldwide final action date of January 1, 2017, has been imposed. Here’s a more in depth look at what’s going on as well as alternative options to reach your U.S. green card goal.

Here’s the Visa Bulletin for March 2020 statement regarding the oversubscription of the EB-3 visa category:

D.  OVERSUBSCRIPTION OF THE WORLDWIDE, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, AND PHILIPPINES EMPLOYMENT-BASED THIRD AND THIRD OTHER WORKER PREFERENCE CATEGORIES

As readers were advised in item E of the February Visa Bulletin, there continues to be an extremely high rate of demand for Employment Third (E3) and Third Other Worker (EW) numbers, primarily for USCIS adjustment of status applicants. Therefore, pursuant to the Immigration and Nationality Act, it has been necessary to impose E3 and EW final action dates for the month of March.

The March final action date is 01JAN17 and is being imposed immediately for all future requests for numbers.  This action will allow the Department to hold worldwide number use within the maximum allowed under these FY 2020 annual limits.  No forward movement of this date is expected in the foreseeable future.

Here’s the final action date chart for employment-based categories:

What is EB-3 and what are the other employment-based visa options? According to USCIS, green cards through employment include:

EB-3: Third preference immigrant worker 

Meaning you’re a skilled worker, a professional, or an unskilled worker.

Skilled workers: Their jobs require 2 years or training or work experience.

Professional: Jobs in their profession require at least a bachelor’s degree or foreign equivalent.

Unskilled worker: Workers perform unskilled labor requiring less than 2 years of training or experience.

Status: Currently facing world-wide oversubscription for the foreseeable future.

Physician National Interest Waiver:

Refers to eligible physicians who agree to work-full time in clinical practice in U.S. under-served areas for a set period of time.

EB-1: First preference immigrant worker

Meaning you have an extraordinary ability, are an outstanding professor or researcher, or are an eligible multinational manager or executive.

Extraordinary ability: Can be in the sciences, arts, education, business or athletics

Status: World-wide oversubscription, but all countries except China and India have advanced three months since the February visa bulletin (China and India advanced, but slightly slower). All countries except China and India have a final action date of March 1, 2019. China has a final action date of June 1, 2017, and India has a final action date of March 1, 2015.

EB-2: Second preference immigrant worker

Meaning you are employed in a profession requiring an advanced degree, have exceptional ability, or are seeking a national interest waiver.

Exceptional ability: Can be in the science, arts or business

Status: India and China are currently oversubscribed. India is facing a final action date of May 22, 2009. All other countries are current.

EB-5: Immigrant investor Program

Meaning you have invested or are in the process of investing $900,000 in a job-creating U.S. new commercial enterprise located in a targeted employment area (or $1.8 million in a non-targeted employment area).

Status: Three countries are currently oversubscribed: Mainland China, India and Vietnam. All other countries are current. USCIS has announced a new rule, set to go into effect next month, that will change how the EB-5 form I-526, Immigrant Petition by Alien Investor, is processed, and will prioritize applications from investors from under-represented countries. These investors from under-represented countries/territories may see faster I-526 Petition approvals.

Read more about the EB-5 Green Card: From Filing a Petition to Entering the U.S. 

Learn more about EB-5 eligibility by sending us a message or filling out the free evaluation below.