Citing the exceptionallyhigh number of employment-based (“EB”) green cards available for thecurrent fiscal year, the USCISannounced yesterday that it is requesting green card applicants interfile fromEB3 to EB1 or EB2, if an applicant is eligible for EB1 or EB2. This will allowthe USCIS to maximize the number of EB green cards issued.
Also called a“transfer of underlying basis,” interfiling allows a green card applicant tochange the category (EB3 or EB2) under which the green card is issued. Anapplicant who originally filed an application under EB3 but also qualifies forthe EB1 or EB2 is now encouraged to interfile a request for the USCIS to changethe preference category.
The USCISencourages an applicant who qualifies for both the EB2 and EB3 to interfile to transferhis/her I-485 from EB3 to EB2 to ensure that the EB2 is used.
Pleasecontact your MU attorney if you would like to interfile to change your EBpreference.