In a visa bulletin released in September, the United States (US) State Department has warned of a high number of applicants in the Employment-Based First preference program (EB-1). As such, it has warned that the category may become unavailable altogether for Indian citizens. For Indians, this is worrisome as it closes another major visa category. The US already has a massive backlog of Indian applicants, and it has said that the country could exhaust its allocation prior to the end of the current US fiscal year on September 30.
EB-1 Green Cards For Indians Might Become Unavailable
For this month, the Final Action date is October 15, 2022. This means that the applications submitted in October 2022 would be processed this month. This is telling as to how significant the backlog really is.
The State Department also stated that the situation would be monitored, and if necessary, the category may be made unavailable. This is concerning for many Indians as other employment-based green card routes are already choked.
The EB-2 category is already marked ‘U’ (unavailable) in September. In August, too, it was unavailable. This indicates that there is a significant backlog for this route. EB-3 fared even worse. The final action date for September is listed as January 1, 2014, making the queue stretch as far back as 12 years.
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About The EB-1 Category Of US Green Cards
The EB-1 category covers priority workers that include people who are deemed to have extraordinary abilities, such as researchers and professors considered outstanding in their fields. What is more, some multinational executives as well as managers are also included in this category.
For the fiscal year of 2026, the State Department’s worldwide employment-based preference limit is 186,317. Additionally, the US immigration law generally imposes a seven percent limit across family and employment-based preference visas per country.
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Summing Up
Indian employment-based applicants have created significant pressure. This is, in large part, owing to the disproportionate statutory limits and demands. The EB-1 becoming unavailable for Indians might create significant inconvenience for applicants. It is hoped that some reasonable solutions can be worked out in the long run.
