Switching from EB-3 to EB-2: USCIS Encourages “Transfer of Underlying Basis” for Eligible Applicants

Background On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling.” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year (Oct. 2021 through Sept. 2022), eligible applicants …