Published: February 3, 2022
For FY October 2021 to September 2022, the USCIS sees an extraordinary statistic for the availability of employment-based visas. Every fiscal year, dating from October 1st until September 30th, the USCIS can issue about 140,000 employment-based immigrant visas to eligible applicants. In partnership with the Department of State, the USCIS commits itself to use all available visa numbers.
Employment-Based Visa Categories
The law divides employment-based visas into five categories, namely:
• E1 or Priority Workers
• E2 or Professionals Holding Advanced Degrees and Persons of Exceptional Ability
• E3 or Skilled Workers, Professionals, and Unskilled Workers
• E4 or Certain Special Immigrants
• E5 or Immigrant Investors.
More Visa Availability Than Applications
As of recent estimate, the USCIS confirms that more visas have become available, especially in the first and second priority employment-based categories compared to the pending applications for Adjustment of Status. Because of this, the USCIS encourages eligible candidates to file under these categories for a higher chance of approval.
Eligibility Extended to Family Members
A portion is reserved for employees’ family members of the available slots under employment-based visa categories. Under the law, the following family members may also receive immigrant visas:
• spouse
• unmarried children, younger than twenty-one (21) years old
This eligibility may extend to same-sex spouses and their children.
File an Application ASAP
All employment-based visas, regardless of category, are issued according to the chronological order of their application dates. The earlier you file, the faster you can get a visa. ALG Lawyers can help you get started today. Our team of proficient and skilled Los Angeles immigration lawyers will guide you from start to finish.
Transfer of Underlying Basis
Those with pending applications for Adjustment of Status based in the third employment-based preference category with a pending or approved petition and an available visa in the second employment-based preference category are encouraged to request a transfer of underlying basis. In effect, this request will move the pending application to the second employment-based preference category.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)