Of the 1.1 million Indians in the US green card queue, the majority are in the EB-2 and EB-3 categories. There is a high chance that the backlog for these categories will grow further in 2024.
The US Citizenship and Immigration Services (USCIS) website mentioned the inventory of employment-based adjustment of status applications for EB-2 and EB-3 categories from India is significantly high for the fiscal year 2024 and beyond (October 1, 2023 - September 30, 2024).
EB-2 requires exceptional ability or an advanced degree in specific fields, while EB-3 necessitates at least a bachelor's degree. Both are employment-based immigrant visa categories.
USCIS notified that normal operations resumed COVID-19, so there are currently fewer unused family-based immigrant visa numbers available to increase the number of employment-based immigrant visas in fiscal year 2024.
Once there are no more unused family-based numbers, the annual number of available employment-based immigrant visas is expected to return to 1,40,000.
Meanwhile, Manjunath Gokare, founder and managing partner of Gokare Law Firm, a business immigration law firm based in Alpharetta, Georgia told TOI, that there is an urgent need for more employment-based visas.
“The current annual limit of 140,000 is insufficient for a country as economically robust as the United States. If this issue is not addressed promptly, the US risks losing talented individuals to other countries," he said.
The Indian diaspora body has also urged the Biden Administration to relax the rules of issuing employment authorisation cards.
The Foundation for India and Indian Diaspora Studies (FIIDS) said, adding that the country-wise limit of seven per cent restricts their annual approval, causing almost 135 years of delays, and estimated more than 400,000 would not see permanent residency in their lifetime.
Issuing Employment Authorisation Cards during the early stages of green card processing would help a large number of Indian Americans, their spouse and grown-up kids from a lot of uncertainties and distress, FIIDS said.
“Recognising the imperative of maintaining America’s competitive advantage, it is crucial to acknowledge the immense contributions these individuals and their families make to the nation’s economy by driving innovation and enhancing diversity,” Khanderao Kand, FIIDS Chief of Policy and Strategies, said in a letter to Ur Jaddou, Director of the US Citizenship and Immigration Services (USCIS).
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