Delays in Granting Skilled Worker Visas Could Reach 10 Years, Stranding Indian Applicants
Wait times for US Green Cards for highly skilled Indian workers are expected to increase to up to 10 years. The reason for this delay is a recent visa bulletin published by the US Citizenship and Immigration Services (USCIS), which has imposed significant setbacks on Indian nationals applying for EB-1 visas. The final action date for these visas has been delayed by a decade, causing concern among Indian applicants and drawing bipartisan action in the US House of Representatives.
According to the USCIS bulletin, the quota for Employment-Based First (EB-1) visas is oversubscribed for India, resulting in proration under the Immigration and Nationality Act (INA) 202(e). This means that when the demand for visas exceeds the per-country limit, allocations are subject to proration procedures. Previously, Indian applicants could receive any unused visas from other countries, but due to the rising demand from these nations, the government can no longer provide EB-1 visas to Indian applicants.
In response to this issue, a bipartisan group of 56 members from the US House of Representatives, including Congressman Raja Krishnamoorthi and Congressman Larry Bucshon, wrote a letter to Secretary of State Anthony Blinken and Department of Homeland Security Secretary Alejandro Mayorkas. The letter urged the Biden administration to take immediate executive action to address the extensive delays faced by high-skilled employment-based visa holders seeking permanent residency status.
The legislators suggested designating all filing dates for employment-based visa applications as current. This would allow applicants to submit their applications regardless of their priority dates based on their country of origin. Such a designation could grant some applicants access to employment authorization documents, enabling them to change jobs, start businesses, and travel without barriers.
Many highly skilled Indian individuals are currently stuck in lengthy queues for employment-based green cards, spanning several decades. The situation has been further complicated by significant job losses in US tech firms, leaving these individuals considering a return to India.
The August 2023 visa bulletin issued by the US Department of State highlights the ongoing challenges faced by Indian nationals working in the US. Compared to applicants from other countries, Indians experience the lengthiest backlogs in the Green Card process, leading to uncertainties and hardships.
Of particular concern is the status of applicants in the employment-based first (EB-1) visa category, meant for exceptionally talented individuals on an accelerated track. The final action date for Indians in this category has regressed by a decade, from February 1, 2022, as indicated in the previous month’s bulletin, to January 1, 2012.
Additionally, the final action date for individuals in the F-2A category, including spouses and children of green card holders, has retrogressed by three years. The final action dates for the EB-2 and EB-3 employment categories have not advanced.
The USCIS has stated that it remains committed to using all available employment-based visas in fiscal year 2023. The agency aims to maximize the issuance of visas through proactive measures in coordination with the Department of State.
US media reports suggest that immigration reforms in high-skilled immigration are crucial for securing America’s supply chains. Immigration bottlenecks are increasingly affecting much-needed workers, including researchers and engineers. The success of initiatives like the America COMPETES Act relies on a talent pipeline, emphasizing the need for comprehensive solutions.
Immigration lawyers and individuals affected by the delays have called for immediate action to address the backlog and prevent talent loss. They argue that the current situation poses risks to the retention of skilled individuals in the US.
In conclusion, delays in granting skilled worker visas could reach up to 10 years, leaving Indian applicants stranded. The recent changes in visa policies and the oversubscription of Employment-Based First (EB-1) visas for India have led to extensive delays and backlogs. The situation calls for immediate action to address the concerns of highly skilled Indian workers and prevent talent loss in the US.
