Thousands of Indian professionals employed in the United States are grappling with an extensive backlog for Green Card applications, which has persisted for over a decade.
The process has been especially arduous, but some fortunate individuals had previously benefited from a faster route to permanent residency through the EB-1 application. This particular route was accessible to those with exceptional talents or outstanding academic achievements.
However, a recent development has shocked EB-1 Green Card applicants, as the US Department of State’s August 2023 visa bulletin revealed a retrogression of 10 years for the category. The final action date for Indian applicants regressed from February 1, 2022, to January 1, 2012.
The retrogression scenario arises when the cut-off dates determining visa availability move backward, contrary to the expected forward progression. This is a departure from historical trends, where the EB-1 category for India was on the brink of current status, making the 10-year retrogression all the more surprising.
The origin of this setback can be traced to the segmentation of the EB-1 category into subcategories: EB-1A, EB-1B, and EB-1C. Among these, the EB-1C category caters to managers and executives of multinational corporations (MNCs).
The COVID-19 pandemic notably led to a reduction in the number of MNC managers being sent to the US and fewer sponsorships for EB-1C visas even for those who did arrive.
The situation started to change from early to mid-2022 when business travel gradually resumed, prompting corporations to send more managers to the US. Consequently, a significant wave of these managers pursued EB-1C visa petitions in the fiscal year 2023.
Experts attribute the recent retrogression to several factors, including the accumulated experience, skills, and reputation of Indian professionals who have resided in the US for more than a decade.
The US Department of State has indicated that at the beginning of the new fiscal year in October 2023, the cut-off date for Indian EB-1 immigrants is likely to revert to where it was in August 2023, offering a more favorable outlook for the applicants
Many have ascended into leadership roles and taken on responsibilities that make them exceptional candidates for exclusive visa categories such as EB1-A and EB1-B. The achievements accumulated over the years align with the criteria sought by US Citizenship and Immigration Services for these categories.
Praneet Dutta, a senior research engineer at Google DeepMind, encountered the extended wait times for Green Cards among his talented peers in Silicon Valley. The EB-1 Green Card option for individuals with extraordinary abilities seemed promising to him.
Though initially uncertain about meeting the criteria, he successfully navigated the application process with support from professionals and immigration experts, ultimately gaining approval.
The backlog issue is compounded by the substantial demand from India’s thriving professional sector, alongside the constraints of country-specific Green Card limits. It’s also speculated that professionals from other backlogged categories, like EB-2 and EB-3, might be seeking EB-1 classification, contributing to the retrogression.
While the 10-year retrogression has dealt a significant blow to many Indian applicants awaiting their priority dates to become current, there’s hope on the horizon. The US Department of State has indicated that at the beginning of the new fiscal year in October 2023, the cut-off date for Indian EB-1 immigrants is likely to revert to where it was in August 2023, offering a more favorable outlook for the applicants.
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