EB2 For India

EB2 For India :- One of the key aspects of obtaining a green card in the U.S. is awaiting the current status of your priority date. This process prompts questions about the timeline for your date to become current and whether there are methods to expedite it. Our monthly updates on the latest visa bulletin aim to address these inquiries by analyzing date movements and providing predictions for the upcoming months. In this edition, we’ll delve into the April 2024 visa bulletin.

For those seeking more details on the visa bulletin’s background and how to interpret it, additional information can be found at the end of this post or by navigating through the Table of Contents.

Will EB2 India reach Dec 2014 in 2024?

The likelihood of EB2 India advancing to 2014 is minimal, with expectations of slow progress in the near future.

Based on USCIS data, approximately 33k EB2 and 22k EB3 applications are pending, totaling around 55k pending applications.

If each category receives approximately 3k visas per year, it would take around 10 years for both categories to reach December 2014 again, based on linear calculations.

The absence of COVID spillover visas and the lack of changes in retrogression policy mean that individuals who haven’t obtained green cards may face prolonged waiting times.

Unless there are alterations to retrogression policies resulting from lawsuits, skilled Indians may not see any relief in their green card application process.

EB2 For India Processing Time

The EB2 visa application process involves three main steps: the PERM labor certification, the immigrant petition, and the visa application or adjustment of status. Here’s a breakdown of each step along with estimated processing times:

PERM Labor Certification:

Preparation and application processing: Approximately 10 months.
The PERM labor certification is required for most EB2 visa applicants, except for those applying under the national interest waiver category.
This process involves obtaining a prevailing wage determination, undergoing recruitment efforts, and submitting the PERM application (Form ETA-9089) to the Department of Labor.
Adjudication by the Department of Labor typically takes around 6 months, but may be longer if audited.

Immigrant Petition (Form I-140):

Standard processing time: 6 to 9 months.
Premium processing (optional): 15 days (not available for national interest waiver applications).
The Form I-140 is filed with USCIS by the U.S. employer or by eligible individuals under the national interest waiver category.

Priority Date:

Wait time varies depending on the applicant’s country of birth.
For some countries, there may be no wait time, while for others, such as China and India, the wait time can be significant.
Applicants can check the USCIS visa bulletin for information on priority date wait times.

Visa Application or Adjustment of Status:

Processing time: About 9 months.
Once the priority date becomes current, applicants can apply for an immigrant visa at a U.S. embassy abroad or apply for adjustment of status if lawfully present in the United States.
Applicants must complete a medical examination and gather relevant documentation prior to the interview.
If approved, the applicant will receive EB2 visa status and may enter the United States with a green card.

It’s important to note that concurrent filing of Form I-140 and Form I-485 (adjustment of status) may be possible if the priority date is current and the applicant is lawfully present in the United States, which can expedite processing.

What Are EB-2 and EB-3 Visas?

EB-2 and EB-3 visas are employment-based (EB) categories that offer permanent residence in the United States. These visas are overseen by the United States Citizenship and Immigration Services (USCIS).

EB-2 Visa:
The EB-2 visa is designed for foreign workers with advanced degrees or exceptional abilities in their field. To qualify based on an advanced degree, applicants must hold a master’s or doctorate degree (or equivalent) in their area of expertise. Alternatively, individuals can qualify based on exceptional ability by demonstrating at least three of the following criteria:

Possession of an academic degree or diploma relevant to their field.
Holding a license or certification for their profession.
Receiving significant recognition for their achievements in their field.
Membership in a professional association related to their expertise.
Evidence of receiving substantial salary or remuneration for their exceptional abilities.
Providing letters from current or former employers detailing at least 10 years of experience.

EB-3 Visa:
The EB-3 visa is intended for skilled and professional foreign workers employed in positions requiring a U.S. bachelor’s degree (or equivalent) or at least two years of training. Applicants must also have a minimum of two years of experience working in their field.

Both the EB-2 and EB-3 visas allow the principal applicant’s spouse and unmarried children under 21 years old to immigrate with them to the United States. Additional family members may apply for family-based immigration at a later stage, particularly if the immigrant pursues U.S. citizenship.

How Do EB-5 Visas Compare?

The EB-5 Immigrant Investor Program stands out as a dependable route to obtain permanent resident status in the United States through employment-based means.

Unlike other visa categories, EB-5 applicants do not require sponsorship from an employer. This grants them the freedom to reside, work, and pursue education anywhere in the U.S., with the flexibility to change employment without jeopardizing their resident status.

In exchange for investing a minimum of $800,000 in a qualifying U.S. new commercial enterprise, which must generate at least 10 full-time permanent jobs for American workers lasting a minimum of two years, EB-5 applicants are granted green cards.

While recent years have seen increased wait times, often due to factors like pandemic-related consular shutdowns, the typical wait for EB-5 visas ranges from 5 to 8 years for an entire nuclear family to secure U.S. green cards.

High-demand countries may experience longer approval times, but surplus EB-5 visas from low-demand nations are reallocated the following year to countries with higher demand, such as India or China.

Moreover, individuals initially applying under the EB-2 or EB-3 visa categories can transition to an EB-5 visa application with additional steps.

Although the EB-5 visa entails higher costs compared to EB-2 and EB-3 visas, the current shorter wait times, particularly for Indian nationals, make it an attractive option. For foreign nationals with sufficient capital, exploring the EB-5 investment pathway holds promise, especially considering the potential ongoing returns if the invested business proves successful.