Indian professionals seeking a career in the US are likely to get hit hard as the Trump administration has announced that first-preference (EB-1) US green cards may not be available for them before the fiscal year comes to an end on September 30 due to high demand.
The EB-1 category is used by priority workers like individuals with extraordinary ability, outstanding professors and researchers, along with certain multinational executives and managers.
What the US State Department said
The warning was issued by the US State Department in its September Visa Bulletin. “High demand and number use by aliens chargeable to India in the EB-1 visa category may necessitate making the category unavailable in the coming weeks if India’s pro-rated limit in the EB-1 category is reached before the fiscal year ends,” stated the bulletin.
Also Read: Return to home country and apply: Proposed rule for US Green Card causes anxiety
“This situation will be continually monitored, and any necessary adjustments will be made accordingly,” it added.
For EB-1, the final action date for India is October 15, 2022. This means an Indian applicant generally needs a priority date earlier than the listed cutoff for a visa number to be available for final action, subject to other eligibility requirements.
Pressure not limited to EB-1
The pressure is not limited to EB-1. India’s EB-2 category, which covers professionals holding advanced degrees and people of exceptional ability, is listed as “U” — unavailable — in the September Visa Bulletin.
The State Department defines “U” as meaning visa numbers are not authorised for issuance in that category during the period concerned.
EB-3 backlog stretches 12 years
The backlog is also deep in the employment-based third-preference, or EB-3, category. For Indian applicants, the queue stretches back 12 years, leaving many workers facing lengthy waits before their cases can move forward.
Also Read: US expands ‘public charge’ rule, creates fresh hurdles for green card seekers from Sept 18
Indian investors are also affected. The unreserved EB-5 investor category is unavailable for final action in September. However, the EB-5 set-aside categories for rural projects, high-unemployment areas and infrastructure remain current for applicants from all countries.
The dates-for-filing chart gives applicants more room. For India, it lists December 1, 2023, for EB-1 and January 15, 2015, for EB-2 and EB-3.
Applicants filing for adjustment of status inside the US must check which chart US Citizenship and Immigration Services authorises for that month.