look news india
Big and bad news has come out for Indian professionals regarding US Green Card, where according to the US Visa Bulletin, the EB-2 category has become completely ‘unavailable’.
A very disappointing news has emerged for millions of Indian IT professionals, scientists and highly skilled employees who have been dreaming of getting permanent residency i.e. green card in America for years. According to the official data released by the US Department of State and the Immigration Department, the employment-based second category i.e. EB-2 (Employment-Based Second Preference) category for Indian citizens has been declared completely unavailable for the time being. This status means that all visas in the quota for this category for the current fiscal year have been completely exhausted, due to which US embassies or immigration offices can no longer issue or approve any new green cards or immigration visas in this category until further notice or the beginning of the new fiscal year. This blow is even bigger for the Indian workforce working in America because amidst the huge backlog and pending files pending for years, this sudden closure of the category seems to be putting a huge pause on their dreams.
The main reason behind the sudden closure and unavailability of this important and much-awaited category is the annual limit and country-wise quota system (Per-Country Ceiling) set under US laws. According to US immigration rules, out of all the employment-based green cards issued every year, citizens of any one country can get only 7 percent of the total quota. The number and applications of professionals with advanced degrees and special qualifications from a vast country like India is so high that this fixed quota gets exhausted much before the scheduled time. This year too, even before the end of the financial year, all the EB-2 visa numbers in India’s quota have been completely exhausted. Apart from this, due to not getting the benefit of visa numbers unused by other countries on time, the US administration has been forced to close or make this category completely unavailable, due to which the problems of Indian applicants have increased manifold.
This situation has brought immense mental stress and uncertainty for thousands of Indian citizens working in America on H-1B visas and their dependent families. Those professionals who were in the final stages of their Permanent Residency i.e. Green Card process, their files have now been completely put on hold and cannot proceed further until the new quota starts. However, immigration lawyers and experts also say that despite this situation, technical rules may apply to the process of accepting some categories of Form I-485 (Adjustment of Status) applications by USCIS, but the final approval will have to wait a long time. Due to this long wait and uncertainty, many skilled Indian workers are now considering options in countries other than the US, as the inordinate time taken to get a green card is stretching for decades.
Amidst this major administrative blockage, the eyes of Indian expatriates and policy analysts are now completely focused on the new financial year and the legislative reforms taking place in the US Parliament. Since the annual visa limits and new allocation of quota are reset every year with the beginning of the new financial year on 1 October, it is expected that by then there may be some relief in this category and the cut-off dates may be extended. Along with this, organizations demanding immigration reforms say that unless America eliminates this 7 percent country-wise limit or increases the total number of green cards, Indian professionals will have to face similar serious problems again and again. For Indians seeking to compete in the US labor market, this situation once again testifies to the great and urgent need for fundamental changes in the US immigration system.