Tuesday, January 25, 2022


Citing the exceptionally high number of employment-based (“EB”) green cards available for the current fiscal year, the USCIS announced yesterday that it is requesting green card applicants interfile from EB3 to EB1 or EB2, if an applicant is eligible for EB1 or EB2. This will allow the USCIS to maximize the number of EB green cards issued.

Also called a “transfer of underlying basis,” interfiling allows a green card applicant to change the category (EB3 or EB2) under which the green card is issued. An applicant who originally filed an application under EB3 but also qualifies for the EB1 or EB2 is now encouraged to interfile a request for the USCIS to change the preference category.

The USCIS encourages an applicant who qualifies for both the EB2 and EB3 to interfile to transfer his/her I-485 from EB3 to EB2 to ensure that the EB2 is used.

Please contact your MU attorney if you would like to interfile to change your EB preference.

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