Thousands of Indian applicants for the EB-1 Green Card have been hit with a shock as visa retrogression sets in, pushing priority dates back to 2012. The EB-1 application process has traditionally served as a fast track route for individuals with top academic qualifications or exceptional talent to obtain permanent residence in the US. However, the recent monthly visa bulletin for August 2023 revealed a retrogression of 10 years for Indian applicants, with the final action date moving back to January 1, 2012, from February 1, 2022.
The EB-1 category is divided into three sub-categories, namely EB-1A, EB-1B, and EB-1C. The EB-1C category, which focuses on managers and executives of multinational corporations, has typically been the most straightforward route. The COVID-19 pandemic resulted in fewer companies sending managers to the US, and even those who did arrive were not immediately sponsored for EB-1C visas. However, as business travel resumed in early to mid-2022, more managers were dispatched to the US, leading to a significant number of them persuading their organizations to sponsor their visa petitions under the EB-1C category in fiscal year 2023.
Another contributing factor to the retrogression is the substantial experience, skills, and reputation accumulated by Indians who have resided in the US for over a decade and held leadership positions. Many of these professionals are eligible for exclusive visa categories such as EB1-A and EB1-B, as their accomplishments and achievements meet the criteria that the US Citizenship and Immigration Services looks for in these categories.
The recent retrogression for Indian applicants could also be attributed to the significant demand stemming from India’s professional sector, coupled with country-specific Green Card limits. Additionally, professionals from other backlogged categories, such as EB-2 and EB-3, may have applied under the EB-1 category, further contributing to the retrogression.
While this retrogression comes as a significant setback for Indian EB-1 applicants, there is some good news on the horizon. The US Department of State has stated that it is likely the cut-off date for Indian EB-1 immigrants will advance back to where it was in August 2023 at the start of the new fiscal year in October 2023.
It is important to note that the increase in EB-1 applications beyond the set cap for each country is the primary reason for the retrogression. Previously, EB-1 applications were mostly limited to candidates from research backgrounds. However, the eligibility for talent visas such as EB-1 and O-1 has expanded to individuals with outstanding achievements in technology or business, leading to a greater number of applicants. This increased competition for talent visas may have also contributed to the retrogression.
Despite the setback, many experts believe that the retrogression is likely a temporary phase and normalcy is expected to be restored in the new fiscal year when new Green Cards become available. It is predicted that the EB-1 date will pick back up in October, and a date around February 2022 should be anticipated, although the exact date is dependent on the number of filings received.
Overall, the retrogression in the EB-1 category for Indian applicants has undoubtedly posed challenges and disappointment for many individuals. However, the hopes for a return to normalcy in the coming months provide some reassurance to those affected by the backlog.
