If you are from China or India and eligible to file for an adjustment of status under an EB-1 petition, we recommend you do so by March 30. Contact the Alcorn Immigration Law team if you need assistance.
Starting on April 1, individuals from China and India will no longer immediately receive an EB-1 green card when they file for adjustment of status unless they filed their initial EB-1 petition before Jan. 1, 2012, according to the latest Visa Bulletin.
Adjustment of status is a process for applying for lawful permanent residency—or a green card—while you are in the U.S. without having to return to your home country to complete the process.
Delays for EB-1, EB-2, EB-3
The EB-1 delay stems from the high demand for EB-1B green cards for Outstanding Researchers and Professors. Congress sets limits on the number of visas that can be issued each year. For an individual to adjust status to a legal permanent resident, an immigrant visa must be available to the applicant. The EB-1 visa category includes three types of green cards:
- EB-1A Green Cards for Aliens of Extraordinary Ability
- EB-1B Green Cards for Outstanding Researchers and Professors
- EB-1C Green Cards for Multinational Managers and Executives
If the EB-1 backlog declines, processing could become current before the end of the fiscal year on Sept. 30, 2018.
In addition, individuals from China and India have faced long delays for several years for EB-2 green cards and EB-3 Green Cards for Skilled Workers, Professionals, and Other Workers. The EB-2 category includes three types of green cards:
- EB-2 NIW (National Interest Waiver)
- EB-2 Green Cards for Members of the Professions Holding Advanced Degrees
- EB-2 Green Cards for Persons of Exceptional Ability
While the latest Visa Bulletin shows delays shortened slightly for the EB-2 and EB-3 green card categories, individuals from China face a nearly four-year delay for an EB-2 and a nearly three-year delay for an EB-3. Meanwhile, individuals from India face more than a nine-year delay for an EB-2 and a delay of more than a decade for an EB-3.
If you are eligible to file for an adjustment of status under an EB-1 petition, do so before March 30. The Alcorn Immigration Law team has deep experience petitioning for adjustment of status (Form I-485) with U.S. Citizenship and Immigration Services (USCIS) and can get the job done quickly with no—or few—complications.
Given the extremely long delays for EB-2 and EB-3 green cards for Chinese and Indian nationals, EB-1 green cards remain the best choice.
If your visa status expires before the new fiscal year begins on Oct. 1, 2018, you will have to petition for a temporary visa or leave the U.S. If you leave the U.S., you must wait until the EB-1 delay has ended and then go to a U.S. embassy or consulate for processing. If you need help determining the best strategy based on your situation, contact us.
Moreover, USCIS is currently taking three to five months to process work authorization applications. If you are relying on a pending adjustment of status filing for a work permit and cannot file until Oct. 1, your work permit will likely not be processed until 2019.
We Can Help
The Alcorn Immigration Law team believes immigration leads to innovation. If we can help you file an adjustment of status for your EB-1 or find the best option for yourself or your employees, contact us.