Moratorium on EB-2 and EB-3 Visas Announced

The United States Citizenship and Immigration Services (USCIS) announced they will not accept any more applications under the EB-2 and EB-3 categories starting from 2024 and beyond. This decision is significant and will have a major impact on immigration in the coming years. To understand the implications of this decision, it is important to first understand what these visas are, the current backlog of applications, and how this decision is anticipated to affect immigration in the future.

What are EB-2 and EB-3 visas?

The EB-2 and EB-3 visas are employment-based immigrant visas that allow foreign nationals to become lawful permanent residents (get a Green Card) through employment in the United States. The EB-2 visa is for aliens who are members of the professions holding advanced degrees or who have exceptional ability, while the EB-3 visa is for skilled workers, professionals, or other workers. Here’s a brief overview of the two types:

EB-2 Visa:

1. Categories:
   • Advanced Degree Holder: For individuals with advanced degrees (master’s degree or higher) or exceptional abilities in their field.
   • National Interest Waiver (NIW): Allows individuals with exceptional abilities to bypass labor certification by demonstrating their work is of significant national interest.
2. Requirements:
   • Advanced Degree: Requires a master’s degree or higher or its equivalent.
   • Exceptional Ability: Demonstrating exceptional skills in their profession.
3. Application Process:
   • Generally, it involves a labor certification process unless applying for a National Interest Waiver.

EB-3 Visa:

1. Categories:
   • Skilled Workers: Individuals with at least two years of job experience or training.
   • Professionals: Those with a U.S. baccalaureate degree or foreign equivalent degree.
   • Other Workers: Limited to positions requiring less than two years of training or experience.
2. Requirements:
   • Skilled Workers: Two years of work experience or training.
   • Professionals: U.S. baccalaureate degree or equivalent.
   • Other Workers: Positions requiring less than two years of training or experience.
3. Application Process:
   • Requires a specific job offer and employer sponsorship.
   • Generally involves the labor certification process, demonstrating the unavailability of qualified U.S. workers.

Current Backlog of Applications

The demand for EB-2 and EB-3 visas has been consistently high, leading to a significant backlog of applications. According to the October 2023 Visa Bulletin released by the U.S. Department of State, an estimated 165,000 employment-based visa numbers will be available for allocation in fiscal year 2024. This indicates that the demand for these visas far exceeds the available supply, leading to a backlog of applications.

Anticipated Impact on Immigration

The decision not to accept any more applications under the EB-2 and EB-3 categories starting from 2024 and beyond is expected to impact immigration significantly in the coming years. This decision will likely result in a further backlog of applications and increased waiting times for foreign nationals seeking these visas. It may also lead to a shift in immigration patterns, with foreign nationals seeking alternative pathways to immigrate to the United States. Foreign nationals and immigration practitioners must stay informed about the latest updates and developments in U.S. immigration policy to navigate the intricate pathways of U.S. immigration.

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