Monday January 24, 2022

USCIS’ ALERT TO CERTAIN AOS APPLICANTS: CONSIDER UPGRADING FROM EB-3 TO EB-2

by Rabindra Singh

Confirming that exceptionally high number of employment-based immigrant visas are available this fiscal year (October 2021 through September 2022), on Friday, January 21st, USCIS posted an alert advising certain Adjustment of Status (AOS) applicants to consider upgrading from EB-3 to EB-2 preference classification.

USCIS’ alert can be found at: https://www.uscis.gov/i-485

Per USCIS:  If you are eligible, please consider applying in the first or second employment-based preference categories. If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category.”  [emphasis supplied]

To facilitate the upgrade/transfer of AOS Application from EB-3 to EB-2, USCIS has also provided a specific mechanism. Refer to section/tab— “Transfer of Underlying Basis” at: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants

In short, USCIS requires a written request to be submitted along with Form I-485 Supplement J to its office located in Montclair, California. 

Included below is the relevant text from USCIS’ website

You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 2022, USCIS has created a new point of contact that should be used to request a transfer of the underlying basis of employment-based Form I-485s. Through September 30, 2022, you may submit your written request, with a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (if required), to the following address:

U. S. Department of Homeland Security
USCIS Western Forms Center
10 Application Way
Montclair, CA 91763-1350

We encourage applicable AOS applicants to look into the above-mentioned alert and, if applicable, consider filing upgrade/transfer requests along with Form I-485 Supplement J to benefit from the unprecedented EB-2 visa numbers available during FY2022.

Should you have any questions about this recent development, please contact our office at: (312) 291-1234.

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