The first Visa Bulletin released by the U.S. Department of State’s Bureau of Consular Affairs under the Trump administration has brought a slight advancement in the priority dates for Employment-Based Second Preference (EB-2) and Third Preference (Unskilled Workers) Green Card applicants. However, religious workers under the Employment-Based Fourth Preference (EB-4) category face significant setbacks.
While the U.S. Citizenship and Immigration Services (USCIS) has decided not to use the filing dates for employment-based Green Cards in March, applicants already in the United States must continue to rely on the Final Action Dates. As a result, EB-3 Skilled Workers and EB-4 Special Immigrants, including religious workers, will experience prolonged waiting periods.
According to USCIS, you may be eligible for an employment-based, first-preference visa (EB-1) if you are an alien of extraordinary ability, an outstanding professor or researcher, or a certain multinational executive or manager. Each occupational category has specific requirements that must be met.
For EB-1 applicants, the priority date remains current, meaning they can file their Green Card applications along with Form I-140, both from within the U.S. and abroad, without delay. However, due to visa backlogs at embassies, those outside the U.S. might face delays in scheduling their immigrant visa interviews.
USCIS states that you may be eligible for an employment-based, second preference (EB-2) visa if you are a member of the professions holding an advanced degree or its equivalent, or if you are a person who has exceptional ability.
The priority date for EB-2 Green Card applicants eligible to file Form I-485 in March has been set to May 15, 2023, moving slightly forward from February’s cutoff of April 1, 2023. Similarly, EB-3 Skilled Workers who filed their labor certification on or before December 1, 2022, and have received approval can proceed with filing their I-485 applications in March. However, there is no movement in priority dates for those waiting for visa interviews outside the U.S.
USCIS explains that you may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. Skilled workers are persons capable of performing skilled labor whose job requires at least two years of training or experience, not of a temporary or seasonal nature. Skilled workers must also meet any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
Professionals, according to USCIS, are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and are members of the professions. Their jobs require a minimum of a bachelor’s degree. Professionals must also meet any educational, training, or experience requirements of the job opportunity.
Other workers (also called unskilled workers) are persons capable of performing unskilled labor whose job requires less than two years of training or experience, not of a temporary or seasonal nature. Other workers must also meet any educational, training, or experience requirements of the job opportunity, according to USCIS.
For EB-3 Unskilled Workers, the priority date for March has moved to February 1, 2021, an advancement of nearly two months from the previous cutoff of December 8, 2020. This is positive news for unskilled labor applicants, as it allows them to file their I-485 Green Card applications sooner.
On the other hand, religious workers and other EB-4 Special Immigrant applicants face disappointment. Their Final Action Date has been pushed back by approximately 18 months. While February’s Visa Bulletin listed the cutoff as January 1, 2021, March’s update regresses it to August 1, 2019. Consequently, only those with a priority date earlier than August 1, 2019, will be eligible for immigrant visa interviews or Green Card filings within the U.S.
USCIS notes that you may be eligible for an employment-based, fourth preference (EB-4) visa if you are a special immigrant. This category includes various groups of individuals who meet specific criteria.
Among those eligible are religious workers, who serve in a full-time, compensated religious vocation or occupation. Special Immigrant Juveniles, who are minors in the United States and have been deemed eligible due to abuse, neglect, or abandonment, may also qualify for EB-4 status.
Additionally, certain broadcasters who work for the U.S. Agency for Global Media (USAGM) or its grantees can apply under this preference. Retired officers or employees of a G-4 international organization, as well as NATO-6 civilian employees and their family members, are also included in this category.
Furthermore, certain employees of the U.S. government who are stationed abroad, along with their family members, may qualify. Members of the U.S. armed forces who have served honorably may also be eligible for the EB-4 visa.
Other qualifying individuals include Panama Canal Company or Canal Zone government employees, as well as certain physicians licensed and practicing medicine in a U.S. state as of January 9, 1978. Aliens who have provided valuable information concerning a criminal organization, enterprise, or a terrorist operation (S nonimmigrants) may also seek EB-4 classification.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
