Green Card: Indians on green card queue in employment based 2 & 3 categories face huge backlog; will not be able to file applications in FY 2024

In what could be very worrying information for hundreds of Indians on everlasting resident standing (inexperienced card) queues within the US, within the employment-based 2 and three classes, the wait is getting longer. “The variety of Indians within the queue for inexperienced playing cards is a staggering 1.1 million, with most within the EB-2 and EB-3 classes. Now, USCIS has additionally introduced that there’s adequate stock, and no extra EB-2 or EB-3 I-485s from India might be accepted throughout fiscal 12 months 2024 and past,” says Manjunath Gokare, founder and managing companion of GokareRegulation Agency, a enterprise immigration legislation agency based mostly in Alpharetta, Georgia.The final step within the USinexperienced card utility course of is submitting Type I-485 to regulate lawful immigration standing for the international nationwide. EB-2 and EB-3 are each employment-based classes. For EB-2, the place should require a complicated diploma, or the worldwide worker should possess distinctive capability within the sciences, arts, or enterprise. To qualify for EB-3, the place should require at the very least a bachelor’s diploma.

Gokare provides that except the US Congress intervenes and finds an answer to this unsustainable imbalance between provide and demand, the inexperienced card strains for Indians will solely get longer. “Clearly, the necessity of the hour is extra visas for employment-based classes – the present 140,000 per 12 months is woefully insufficient for an economic system the scale of America. As a rustic, we are going to lose expertise to different locations if we don’t deal with this problem urgently,” Gokare says.
On its web site, the US Citizenship and Immigration Providers (USCIS), within the FAQs part, has not too long ago defined that it has a big variety of employment-based adjustment of standing functions in its stock for EB-2 and EB-3 India and can’t settle for extra filings this complete fiscal 12 months 2024 (October 1, 2023, to September 30, 2024) and past.

Provision 203 of the US Immigration and Nationality Act requires that the State Division make cheap estimates of demand for immigrant visas each quarter, and INA 245 requires that an immigrant visa be ‘instantly out there’ when an I-485 is filed. “Given these statutory provisions, when the businesses have sufficient stock, it’s not cheap to advance dates and settle for new functions. Moreover, there are not any unused family-based immigrant visa numbers that may roll over to employment-based classes, for the reason that pandemic has ended, and household immigration demand has elevated as soon as once more,” says Gokare.
Accordingly, EB-2 & EB-3 India submitting dates could not advance meaningfully for “a number of fiscal years” and can seemingly transfer extraordinarily slowly for the foreseeable future, he provides.
The latest USCIS FAQs: Q: What does the October 2023 visa bulletin reveal about fiscal 2024 and future fiscal years? A: Because the businesses rebuild regular operations following the COVID-19 pandemic, fewer unused family-based immigrant visa numbers are carrying over to extend the variety of out there employment-based immigrant visas in FY 2024. Within the years forward, as soon as there are not any extra unused family-based numbers, the annual variety of out there employment-based immigrant visas ought to return to 140,000. This restrict, established by Congress greater than three a long time in the past, is inadequate to satisfy the demand for employment-based immigrant visas in each class. Barring a change to the statute or an surprising discount in non-citizens in search of employment-based immigrant visas, non-citizens from all international locations can anticipate to see longer waits for immigrant visas.
Inside EB-1, the class stays ‘present’ for non-citizens chargeable to international locations aside from India and China, and the ultimate motion dates have superior for each India and China in comparison with the September 2023 visa bulletin. Inside EB-2, demand for visas from non-citizens chargeable to international locations aside from India and China is so excessive that for the primary time ever, the class shouldn’t be ‘present’ for such candidates in the beginning of a fiscal 12 months. The identical is true in EB-3, the place demand from international locations aside from India and China could be very excessive, and so the class is not going to be ‘present’ for such candidates in the beginning of the fiscal 12 months for the primary time since FY 2018. The ultimate motion dates for non-citizens chargeable to India and China on this class have superior, reflecting the out there visas for FY 2023.
Q: With more and more lengthy waits for employment-based immigrant visas for noncitizens from each nation and in most classes, what has USCIS completed to assist these affected?
A: We’re dedicated to working with Congress to search out sturdy options to handle the imbalance between the excessive demand for immigrant visas and the decades-old annual statutory limits. We proceed to emphasise that this imbalance must be addressed and that solely Congress can alleviate the statutory constraint on immigrant visa numbers. On the identical time, we proceed to pursue coverage and regulatory adjustments to deliver larger certainty, stability, and safety for employer-sponsored non-citizens (in addition to particular immigrants and immigrant buyers) in the US.

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