We would like to inform you about your EB-3 green card process. The Department of State has announced that in May, a backlog occurred in the EB-3 green card category, and from now on, Adjustment of Status or consular process applications will be subject to the quota. In line with this, EB-3 applicants should use the date of their PERM application, priority date, as a reference point and stay up to date with the monthly visa bulletin to determine when to submit Adjustment of Status or consular processing applications once their priority date is reached. This limitation is associated with the annual green card quota established and is a regular process due to the quotas reaching or nearing their maximum capacity.
Currently, those who have had their PERM application approved can make I-485 applications if their priority date is before June 1, 2022. Unfortunately, it is not feasible to predict the upcoming months due to the uncertain nature of how the quota will evolve over time. These dates are updated every month, and you can follow the current date from the link below.
The PERM applications filed with the Department of Labor (DOL) and the I-140 applications accepted as the second stage of the EB-3 process are not affected by this limitation. Regarding your work and travel applications, these applications can only be made together with your I-485 (Adjustment of Status) application or if you have a pending I-485 application. Therefore, those of our clients who have to wait for the quota will have to wait for their priority date to apply for a work or travel permit as well. Also, during this process, you must maintain your current legal status until the filing of your I-485 (Adjustment of Status) application.
Onal Gallant & Partners PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and the US Visa Processes. We deliver reliable advice on a large variety of subjects ranging from forming a corporation and buying a house in the US to trademark registration and Green Card applications (e.g., EB3 Visa or DV Lottery). With exceptional knowledge and insight into immigration law, our experienced lawyers at Onal Gallant and Partners are ready to help and respond to all of your inquiries.
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