Definition & Meaning
The regression of E31 and E32 visa numbers refers to a backward movement in the availability of these employment-based immigrant visas, primarily affecting the third preference category. This visa category includes skilled workers, professionals, and other workers who wish to immigrate to the United States. The regression indicates a reduction in the number of visas available to applicants from specific countries, most commonly India, China, and the Philippines, due to high demand and limited supply. Consequently, applicants may face delays in obtaining their Green Cards, as visa numbers in these categories are no longer immediately available.
Eligibility Criteria
To be eligible for E31 or E32 visas, applicants must meet specific criteria. The E31 category is for skilled workers with at least two years of training or experience, while the E32 category is for professionals with a U.S.-equivalent bachelor's degree. Furthermore, applicants must have a job offer from a U.S. employer who is willing to sponsor them, and their occupation must be on the Department of Labor's list of qualifying professions. The regression impacts eligibility, as qualified candidates may have to wait longer for a visa number to become available, even if they meet all other requirements.
Steps to Complete Regression of E31 and E32 Visa Numbers
- Determine Visa Availability: Check the State Department's Visa Bulletin to confirm if a visa number is available for your priority date.
- File Form I-485: If a visa number is available, file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS).
- Submit Supporting Documents: Include required documents such as job offer letter, employment verification, educational credentials, and proof of experience.
- Biometric Appointment: Attend a scheduled biometric appointment for fingerprinting and photography.
- Interview: Participate in a USCIS interview if required, where you may need to provide additional information or clarification.
- Receive Decision: USCIS will notify you of its decision, which may include approval, denial, or a request for additional evidence (RFE).
Application Process & Approval Time
The application process involves several stages, beginning with the filing of a labor certification and a petition for an immigrant worker through a sponsoring employer. The concurrent filing of Form I-485 and Form I-140 is possible if a visa number is available, although the regression affects this option. Approval times can vary significantly based on the applicant's country of origin and current visa bulletin status. Generally, the process may take months to several years, depending on the applicant's priority date and the availability of E31 and E32 visa numbers.
Important Terms Related to E31 and E32 Regression
- Priority Date: The date when the labor certification application is filed with the Department of Labor or the I-140 petition accepted by USCIS. It determines the applicant's place in the queue.
- Visa Bulletin: A monthly publication by the State Department showing which priority dates are current, effectively indicating visa availability.
- Concurrent Filing: The simultaneous submission of Form I-140 and Form I-485, possible only when visa numbers are available.
- Request for Evidence (RFE): A notice issued by USCIS when additional information is required to make a decision on an application.
Legal Use of E31 and E32 Visa Numbers
Legally, the use of E31 and E32 visa numbers is regulated under the Immigration and Nationality Act, which sets annual caps for employment-based immigrant visas. Employers must comply with regulatory requirements, including obtaining a labor certification from the Department of Labor, ensuring fair wages, and providing evidence of an applicant's qualifications. Applicants must await their priority dates and possess all the necessary documentation to maintain lawful status during the application process.
Key Elements of the Visa Regression
- Visa Allocation Caps: Annual limitations are placed on visas, leading to regression when demand outpaces supply.
- Country of Birth: The applicant's birthplace influences visa availability due to per-country limits.
- Adjustment of Status: Applicants already in the U.S. can adjust status without leaving, provided a visa number is available.
- Impact on Employers: Sponsors might wait longer to fill positions if visa regressions delay the authorization of their employees' work status.
Examples of Using E31 and E32 Visa Numbers
Consider an Indian software engineer working for an American tech firm. Despite holding an approved labor certification and an I-140 petition, he encounters a regression in visa numbers. Consequently, although eligible, he may need to continue working under an H-1B visa until his priority date becomes current. Another example might include a professional nurse from the Philippines, who, due to regression, experiences a delay in reuniting with family members enlisted under a derivative status. Understanding these scenarios prepares applicants for potential setbacks and stresses the importance of patience and strategic planning.
Filing Deadlines / Important Dates
Applicants should be aware of their priority dates, as listed in the monthly Visa Bulletin, which dictate when they can file Form I-485 or begin consular processing if outside the United States. Missing a filing window due to regression could mean lengthy delays. Staying informed about changes in visa availability, promptly responding to RFEs, and maintaining accurate documentation are crucial to ensure timely processing and compliance with deadlines.
