Employment Based Visa Struggle Starting in September 2018
We are facing retrogression in Employment based visas. This category will retrogress to 2013 and 2016 which means that all applicants that filed their labor certifications in 2013 for EB2 and 2016 for EB3 will be the only ones allowed to adjust or NVC process. All others will have to wait.
September Visa Bulletin 2018 RetrogressionApply by August 30, 2018 - there is no time left but prepare and file quickly for your adjustment of status if you got your labor certification approved if you are not able to file than get ready for filing in October 2018 if categories open up. We hope that the new Visa Bulletin for October 2018 will open up numbers and EB2 will become current once again. It seems that all numbers were exhausted and USCIS is not granting adjustment as of August 9, 2018. We can only hope that Oct 1. 2018 will open all categories again.
PERM ProcessOne of the ways to obtain a lawful permanent resident status (green card) is via Employment. We have multiple categories of employment based visas but the most common are EB2 and EB3 categories. EB 2 category is based on Master Degree plus years of experience or Bachelor Degree plus 5 or more years of employment experience. The process has 3 steps: 1. Labor Certification Process 2. Company's petition and 3. NVC or adjustment of status if applicant is in the US. It is challenging to get your labor application certified. The job position needs to be carefully examined and drafted and recruitment conducted so US workers are not disqualified. This process may take up to 9 months. The next step it so file company's petition and show financial ability of the US company in the form of assets, net income or current employment with the company. The last step is adjustment in the US or via a US embassy oversees.