FAQs About Employment-Based Visas

Mario A. Godoy
FAQs About Employment-Based Visas

USU.S. immigration law provides foreign citizens with various ways to become United States lawful permanent residents (get a green card) through employment in the United States. United States Citizenship and Immigration Services (USCIS) is committed to using as many available employment-based visas as possible in FY2023. The employment-based (EB) annual limit for fiscal year (FY) 2023 is higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. USCIS wants to use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023.

The Department of State (DOS) announced in October of 2022 that the estimate of the annual limit for FY 2023 issued by USCIS will be around 197,000. This includes the approximately 57,000 unused family-sponsored visas from FY 2022 being added to the Employment-Based Visas for FY 2023.

Fiscal Year 2023 Employment-Based Adjustment of Status FAQs

To better assist interested applicants, USCIS has created a list of frequently asked questions in the following areas:

  • Recent Developments
  • Retrogression
  • Allocation of Visa Numbers
  • Family Members
  • Transfer of Underlying Basis
  • Filing and Processing Questions

What Are Employment-Based Visas?

Temporary employment-based visa classifications enable employers to hire foreign nationals for specific roles and positions for a predefined period of time.  USCIS requires the majority of temporary workers to stay employed with the employer who initiated the visa petition and have limited chances of changing jobs.

There are five EB visa categories:

  1. Employment First Preference (EB-1 visa)
  2. Employment Second Preference (EB-2 visa)
  3. Employment Third Preference (EB-3 visa)
  4. Employment Fourth Preference (EB-4 visa)
  5. Employment Fifth Preference (EB-5 visa).

EB visa processing times vary on a case-by-case basis.

Do You Have Questions About Immigration? Talk To An Immigration Lawyer Today

Led by immigration attorney Mario Godoy, we help family-based and employment-based individuals who want to come to the United States to live and work temporarily or permanently. Godoy Immigration Law Office has offices in Oak Brook, Illinois, and works with clients nationwide. Contact Godoy Law Office at 630-912-0322.

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