Quality Immigration Law Services Since 1978

What recent USCIS changes mean for EB-2 and EB-3 applicants

On Behalf of | Sep 29, 2026 | Inmigración

EB-2 and EB-3 applicants may wish to stay mindful of recent updates regarding USCIS fees, filing procedures and visa availability. These gentle shifts can help shape both the expected timeline and overall budget for the green card process. Staying informed early can make navigating these steps feel much smoother.

Filing fees may be higher

Under the current USCIS fee structure, applicants may need to pay separate fees for Form I-485, Form I-765 and Form I-131. That can increase the cost of filing for adjustment of status, especially if the applicant also wants work authorization and advance parole. Employers that help cover immigration costs may also need to budget for these added fees.

Some I-140 filings may include an extra fee

Certain Form I-140 filings may be subject to an Asylum Program Fee. The amount and any exemption can depend on the employer’s size and type.
Because the employer usually pays this fee, it can add to the overall cost of sponsoring a worker for permanent residence.

EAD validity periods have been reduced

USCIS maximum EAD validity for pending adjustment-of-status applicants is capped at 18 months. Because work authorization documents do not last as long as they once did, applicants and employers should plan ahead for more frequent renewal filings while waiting for a green card to become available.

Priority dates still matter

EB-2 and EB-3 cases do not always move at the same pace. In some situations, EB-3 may become available before EB-2 for filing purposes.

That can matter for employers and workers trying to plan the next step in the green card process. In some cases, a different employment-based category may offer a better filing option, but the facts and current USCIS rules must support it.

Keep checking current guidance

USCIS fees, filing rules and visa availability can change. Before filing, EB-2 and EB-3 applicants and their employers should review the latest USCIS guidance and Visa Bulletin to confirm the current rules.