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High Number of Employment-Based Visas Available According to the USCIS


The U.S. Citizenship and Immigration Services (USCIS) recently announced that there are an “exceptionally high number of employment-based visas available.” If you are currently seeking employment opportunities in the United States as a foreign national, now is the time to seek an employment visa. Our Dallas immigration attorneys explain why there is a high number of employment visas available and how that may impact your unique situation.

Why Is There a High Number of Employment-Visas Available

The USCIS recently announced that there are a high number of employment visas available and encourages workers to apply to not let immigrant visas go to waste. The USCIS is tying the employment immigration surplus to the 140,000 family-based visas and fifth preference employment-based visas that were unused in the last year due to statutory limitations. This also impacted those in the third preference employment-based category.

Due to this, the USCIS strongly encourages applicants in the employment-based third preference category to apply for adjustment of status and transfer the underlying basis of their applications to the first or second employment-based preference categories.

Applicants must have the following to be eligible to transfer the underlying basis of their Form I-485:

  • Have always maintained eligibility for adjustment of status;

  • Have already filed a Form I-485 that is pending as a result of a prior I-140 in a classification that is no longer valid

  • Be eligible for the first or second preference category; and

  • Have a current priority date in the new category.

If you want to request a transfer of the underlying basis of the I-485, you must have previously filed and approved Form I-140. You must also file a completed Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under Section 204(j), along with the written transfer request.

Seek Guidance

If you want to adjust your current employment-visa status or you want to seek employment in the United States, our team at Akula & Associates P.C. is here to help you. We have helped individuals and companies through the immigration process, and we are ready to help you. We have the knowledge, skills, and experience needed to help you with your unique case. Let our team guide you through the process from start to finish.

Contact our Dallas immigration attorneys today at (844) 299-5003 to schedule a consultation!