October Visa Bulletin insights: Path forward to 2025
Explore October Visa Bulletin insights for navigating the path to 2025
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Employment-Based Green Card Challenges Amid Backlogs and Retrogression
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The October 2024 Visa Bulletin offers key insights into the lengthy wait times for individuals in the EB-2 and EB-3 categories, particularly for applicants from high-demand countries like India and China. The bulletin outlines the Filing and Final Action Dates, which show how long applicants may need to wait to obtain their green cards. Although these dates advance incrementally, the backlog remains substantial, often leaving applicants with years of waiting ahead. This extended delay can significantly impact individuals with urgent concerns, such as children aging out of eligibility, prompting them to explore alternative options to secure permanent residency in the U.S.
As the complexity surrounding employment-based immigration continues to increase, the process of securing a green card remains a daunting journey for many immigrants, particularly those from India. With the constant shifts in visa bulletin cut-off dates and the challenges of retrogression, it’s crucial for applicants to be prepared for potential delays and setbacks in the green card process.
Per-Country Limits and Family-Based Quotas: A Complex Math Problem
One critical factor affecting the employment-based green card process is the annual per-country limits. While there are 140,000 employment-based green cards available each year, this number includes not just the primary applicants but also their family members. This means that when a principal applicant applies for an employment-based green card, their spouse and children are also counted toward the quota, significantly limiting the number of visas available. For instance, a single applicant’s family of four will count as four individuals toward the 140,000 cap.
This breakdown becomes even more problematic when combined with per-country limits. For example, Indian applicants in the EB2 and EB3 categories face some of the longest wait times due to the high demand for green cards in these categories and the per-country cap that restricts how many can be allocated to applicants from each country.
USCIS Confirmation: October’s Dates for Filing
The United States Citizenship and Immigration Services (USCIS) recently confirmed that they will be using the "Dates for Filing" chart in October, which means that applicants whose priority dates are within this range will be able to submit their green card applications, even if their final action dates have not yet become current. This is an annual trend observed in October to allow for as many applications as possible, knowing that the USCIS and Department of State will take a year to adjudicate the cases.
Avoiding Delays: The Importance of Action
For applicants whose priority dates are current, either through the Final Action Date or Dates for Filing, it is imperative to act swiftly. Attorneys advising on immigration law, emphasizes the importance of filing as soon as possible, as future retrogression could put many applicants back into the waiting line. Retrogression, as seen in 2022, is always a looming threat, especially when large numbers of cases come into the system.
Litigation or congressional intervention might be required for those experiencing long delays in the adjustment of status process, as USCIS often moves slowly. Ensuring that all steps, such as filing supplement J forms, are completed and, if necessary, initiating lawsuits for unreasonable delays can help speed up the process.
Strategizing for L1A, L1B, and EB1C Applicants
For L1A and L1B visa holders, the path to securing green cards differs from H1B holders, who can continue to extend their visas indefinitely as long as their I-140 is approved. L1A and L1B holders, however, face stricter time limits and may find themselves ineligible to stay in the U.S. while waiting for their priority dates to become current. For these individuals, transitioning to other visas, such as H1B or O-1, may be a viable option.
For those in managerial or executive positions, the EB1C category provides an accelerated route to a green card, particularly for multinational executives. The rise in approvals for the EB1A and EB1C categories has provided another option for those seeking to bypass the long waits in the EB2 and EB3 categories. Some companies are even moving employees to overseas offices to qualify them for the EB1C, capitalizing on the fact that the category is more flexible than others.
The Future: What to Expect
Currently, EB-2 India has approximately 300,000 approved I-140 petitions waiting for priority dates to become current, with only 2,800 visas available each year. At this pace, the wait could stretch to an estimated 114 years, even before accounting for family members, which could effectively double this time. Similarly, EB-3 has over 100,000 approved petitions with a long wait time as well, possibly extending up to 36 years or more. When combined, EB-2 and EB-3 applicants from India face a staggering backlog of over 425,000 people, and with only 5,600 green cards issued each year, some may have to wait between 75 to 150 years. These projections emphasize the need for legislative changes to fix the current system and provide relief for those enduring lengthy delays in their immigration process.
With employment-based green card categories constantly fluctuating, applicants must stay informed and proactive. Changes in immigration law, particularly in the realm of per-country limits, may significantly alter the process. Bills with proposed 10-year phase-in periods that would remove country caps have been introduced, but their future remains uncertain. For now, planning and strategic decision-making are key, whether it means moving to a different visa category or filing as soon as possible to avoid the impact of future retrogression.
While some advocate for the complete removal of country caps on employment-based green cards, significant changes may not be on the horizon in the short term. In the meantime, staying ahead of the curve, seeking legal counsel, and preparing for long-term immigration planning are essential strategies for applicants navigating this complicated system.
EB-5: A Promising Route for Families with Urgent Immigration Challenge
For individuals stuck in the long waiting lines of EB-2 or EB-3, particularly those with pressing concerns like aging-out children, it may be worthwhile to explore the EB-5 program as a faster alternative. The EB-5 offers a promising path to securing green cards more quickly, especially under the new Reform and Integrity Act. However, it’s essential to proceed with caution, as there are numerous scams and fraudulent schemes targeting EB-5 investors. Be sure to thoroughly research any investment opportunities, consult with experienced immigration attorneys, and avoid deals that seem too good to be true. Falling into a scam could not only result in financial loss but also jeopardize your green card prospects.
October 2024 Visa Bulletin brings encouraging updates for EB-5 investors, particularly those in the new Reform and Integrity Act program and applicants from China and India under the prior EB-5 program. According to Immigration experts, reserved visa categories—including rural, high unemployment, and infrastructure—are expected to remain open for most, if not all, of FY2025. This means that investors can continue to file for adjustment of status under the reduced $800,000 investment threshold, with many benefitting from long-term work and travel permits. Additionally, Chinese and Indian applicants under the old EB-5 program have seen significant forward movement in their waiting lines, with Final Action Dates advancing several months to over a year. This opens up green card opportunities for those who have been waiting abroad or adjusting status domestically. With these positive developments, FY2025 promises to be another strong year for the EB-5 program.
If you're interested in exploring EB-5 in more detail or have specific questions about how it could be a solution for your green card journey, let us know, and we’ll dive deeper in our next newsletter!
As always, individuals are encouraged to stay informed, consult legal experts, and remain engaged with potential changes in immigration law and policy. Whether through advocacy, litigation, or proactive planning, navigating the green card process successfully requires persistence, foresight, and an understanding of the constantly changing immigration landscape.
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