EB-2 and EB-3 Priority Date Trends

1. What is the difference between EB-2 and EB-3 Priority Date Trends?


The EB-2 Priority Date Trends refer to the average amount of time it takes for a foreign national to receive their U.S. permanent residency if they are on the Employment-Based Second Preference category of the U.S. immigration system. This is usually a much shorter wait time than the EB-3 category, which typically takes longer to process. EB-3 Priority Date Trends refer to the average amount of time it takes for a foreign national to receive their U.S. permanent residency if they are on the Employment-Based Third Preference category of the U.S. immigration system. This category is usually subject to longer wait times due to higher demand and available visas being limited.

2. Are there different filing procedures for EB-2 and EB-3 Priority Date Trends?


Yes, there are different filing procedures for EB-2 and EB-3 Priority Date Trends. For EB-2, the applicant must have a qualifying job offer, the employer must have obtained a labor certification from the Department of Labor, and the applicant must have an advanced degree or its equivalent. For EB-3, the applicant must have a qualifying job offer, the employer must have obtained a labor certification from the Department of Labor, and the applicant must have either a Bachelor’s degree or two or more years of experience in a specific field.

3. How long does it take to get an EB-2 or EB-3 approval?


It typically takes 3 to 6 months for an EB-2 or EB-3 approval. Processing times may vary based on individual cases and the current backlog of applications.

4. What are the current processing times for EB-2 and EB-3 Priority Date Trends?


The current processing times for EB-2 and EB-3 Priority Date Trends can vary depending on the country of origin. Generally speaking, the EB-2 category typically has a processing time of one to two years, while the EB-3 category typically has a processing time of two to three years.

5. How is the final action date determined for EB-2 and EB-3 Priority Date Trends?


The final action date for EB-2 and EB-3 Priority Date Trends is determined by the U.S. Department of State Visa Bulletin. The Visa Bulletin provides monthly updates on visa availability and priority dates for applications from foreign nationals for permanent residence in the United States. The priority date indicates when the foreign national first indicated an interest in immigrating to the United States. The final action date is the date when a visa number is available for the foreign national, and they can apply to adjust status to permanent residence.

6. How do I qualify for an EB-2 or EB-3 application?


The qualifications for an EB-2 or EB-3 application depend on the particular type of visa you are applying for. Generally speaking, for both visas, you must first possess an appropriate job offer from a U.S. employer in an approved occupation and you must have the relevant qualifications and/or experience to fill that job. For an EB-2 visa, you must also demonstrate “exceptional ability” in your field or have an advanced degree or a bachelor’s degree plus five years of progressive work experience. For an EB-3 visa, you must possess at least a high school diploma and two years of relevant work experience or a bachelor’s degree plus one year of relevant work experience.

7. What are the benefits of filing under EB-2 or EB-3 Priority Date Trends?


The EB-2 and EB-3 Priority Date Trends are two ways for foreign nationals to become permanent residents in the United States. The EB-2 category is generally available to those with an advanced degree or exceptional ability in the sciences, arts, or business. This category allows individuals to bypass the labor certification process and obtain a green card much faster.

The EB-3 category is available to individuals with a minimum of two years of experience in a particular occupation and those who are skilled workers, professionals, or other workers. This category may still require a labor certification from the U.S. Department of Labor.

Benefits of filing under the EB-2 or EB-3 Priority Date Trends include:

– Increased chances of qualifying for permanent residency in the United States
– Faster processing times when compared to other permanent residency options
– Potentially bypassing the labor certification process with EB-2 applicants

8. How often does the Department of Labor update the Visa Bulletin?


The Department of Labor updates the Visa Bulletin every month.

9. Are there any restrictions on filing under an EB-2 or EB-3 Priority Date Trend?


Yes. There may be certain restrictions on filing under an EB-2 or EB-3 priority date trend depending on the country of origin of the foreign national applying for the green card. Additionally, the availability of visas may fluctuate due to changes in demand and/or Congressional action.

10. How does a backlog in application processing impact Priority Date Trends?


A backlog in application processing can cause Priority Date Trends to become stagnant or decline. This is because a backlog prevents new applications from being processed, meaning fewer applicants are able to receive their Priority Dates and move further down the waitlist. As a result, the Priority Dates of applicants in the backlog remain unchanged or start to decline as the waitlist continues to move forward, while applicants with newer Priority Dates are able to take their place in line.

11. Are there any exceptions for filing under different categories of Priority Date Trends?


Yes, there may be some exceptions for filing under different categories of Priority Date Trends. Some of these exceptions may include: a change in employer sponsorship, an increase in the applicant’s education and/or experience, or other special circumstances that could allow for a different category of filing.

12. What are some of the factors that can affect an individual’s ability to file under an EB-2 or EB-3 Priority Date Trend?


– Country of origin
– Education level and type of degree
– The job role and type of proposal/petition
– The current employment-based preference system (EB1, EB2, EB3)
– The labor certification process for the job in question
– The current state of the US economy
– The availability of permanent resident visas
– The amount of time it takes for a visa to be processed

13. What is the difference between the Per Country Limit and the Worldwide Limit for each category of Priority Date Trend?


The Per Country Limit is the maximum number of visas issued per year to immigrants from a particular country. The Worldwide Limit is the total number of visas issued in a year, regardless of country of origin. The Priority Date Trend is the date on which an immigrant’s priority date is set, based on the applicant’s country of birth, the visa category being applied for, and other factors.

14. Is there a minimum requirement to qualify for filing under an EB-2 or EB-3 Priority Date Trend?


No, there is no minimum requirement to qualify for filing under an EB-2 or EB-3 Priority Date Trend. However, each petition is evaluated on a case-by-case basis and the individual eligibility requirements must be met in order for the petition to be approved.

15. How does a change in a country’s immigration laws impact Priority Date Trends?


A change in a country’s immigration laws can significantly impact Priority Date Trends, especially when the change is unexpected. This can cause backlogs and delays in processing applications, since priority dates must be tracked and updated to ensure applicants are following the most up-to-date requirements. Additionally, changes in immigration laws may result in more applicants than the system can handle, resulting in a backlog. Finally, changes in immigration laws can also lead to an increase or decrease in the number of visas available for a certain type of applicant, which could impact the overall priority date trends.

16. What is the current status of applications filed under anEB-2 or EB 3 Priority Date Trend?


As of May 2021, the U.S. Citizenship and Immigration Services (USCIS) indicate that the EB-2 and EB-3 visa priority dates are current for most countries. This means that applications filed under either of those categories should be processed without any backlog or wait times.

17. Does filing under a priority date trend guarantee visa approval?


No, filing under a priority date does not guarantee visa approval. The actual visa approval process depends on many factors, such as the applicant’s qualifications, the type of visa applied for, and the availability of visas in the applicant’s home country. Ultimately, the decision to approve or deny a visa application rests with the U.S. Citizenship and Immigration Services (USCIS).

18. What documents are required when filing under anEB-2 orEB -3 Priority Date Trend?


When filing under an EB-2 or EB-3 Priority Date Trend, the required documents typically include a valid passport, a completed and signed I-140 petition, a copy of a diploma or degree certificate, evidence of any specialized skills or knowledge required to fill the position, and evidence of any work experience related to the job. Additional documents may also be necessary, such as letters of recommendation, financial documents, and other documentation demonstrating qualifications for the job.

19. Are there any additional requirements when applying for a National Interest Waiver (NIW) or Labor Certification under anEB -2 orEB -3 Priority Date Trend?


Yes, there are additional requirements when applying for a National Interest Waiver (NIW) or Labor Certification under an EB-2 or EB-3 Priority Date Trend.

For a National Interest Waiver, the applicant must demonstrate that their proposed endeavor has substantial merit and national importance, and that the applicant’s efforts will significantly benefit the nation. The applicant must also demonstrate that granting the waiver would be in the national interest.

For a Labor Certification, the applicant must demonstrate there are insufficient U.S. workers who are able, willing, qualified and available to accept the job offer at the prevailing wage for the specific occupation in the area of intended employment. Additionally, employers must prove that they have conducted recruitment efforts for at least 6 months and that there are no qualified US workers available for the job before the labor certification is approved.

20. Does filing under a priority date trend guarantee admission into the United States?


No, filing under a priority date does not guarantee admission into the United States. Priority dates are used to determine when an individual is eligible for a visa, but there is no guarantee that the visa will be issued. Additionally, the US Department of State has the discretion to reject any visa application for any reason.