In a welcome development for Indians in line for employment-based green cards in the United States, more visas will be available under high priority categories this year.
On Friday, the US Citizenship and Immigration Services (USCIS), which manages the immigration process, said eligible employment-based green card candidates could move to a higher preference category, as there was an ‘exceptionally high number’ of employment-based immigrant visas available categories for the ongoing fiscal year ending September 30.
“The overall employment-based yearly limit for the financial year 2022 is roughly two times as high as usual. Because that limit includes all unused family-sponsored visa numbers from the fiscal year 2021. Which was around 140,000,” it said in a statement.
Eligible candidates can file to adjust their status to the EB1(priority workers) or second (non-residents in professions with advanced degrees or exceptional ability).
US Process More Employment Green Cards this FY 2022
Indian nationals face the longest wait times for an employment-based green card. On account of the high number of candidates and yearly country caps which restrict the number of visas that can be given every year.
Sponsoring permanent residency for employees has also emerged as a way for technology organizations. To hold on to high-demand, high skilled talent once they run out of extensions on their H-1B work permit.
“This would be tremendously beneficial to individuals who have been waiting for many, many years. We are trusting many individuals can get their green cards under the EB2 category. If they move quickly,” said Rajiv S Khanna, managing lawyer at Immigration.com.
In the past, several people had downgraded their applications from EB2 to EB3 as that category was moving quicker. They can now update back to EB2.
“The USCIS needs to approve as many green cards as they can as there has been a huge spillover from the family quota. This has not happened in the past in such large numbers,” Khanna said.
Also, under the relevant rule, any visas are not needed in the fifth employment-based preference category. Are made available in the first employment-based preference category. Also, any visas not needed in the primary employment-based preference category are made available in the second employment-based preference category.