USCIS recently announced that there remains an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022). There are a significant number of visas available in the first and second employment-based categories than pending adjustment of status applications pending with USCIS.
Those who are eligible are encouraged to 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, you should request USCIS to transfer the underlying basis of your pending application to the second employment-based preference category.
Vijay Bhagwati, Esq.
Founder and Managing Partner
