Shocking Setback: EB-1 Visa Crisis Hits Indian Talent

• Admin
• August 27, 2023
• 03 Comments

Update On EB-1 Visa

Suddenly, hopes for a U.S. Green Card have taken a hit for numerous skilled Indian workers living in the States. Typically a fast track, the EB-1 category, known for valuing exceptional skill and achievement, is now facing delays. A new update from the U.S. State Department for August 2023 shows a shocking 10-year delay for Indian EB-1 candidates, pushing the "final action" date all the way back to January 2012 from its previous date in February 2022.

This surprising 😲 twist has left many scratching their heads, especially considering how fast this visa category usually moves. If your application date is before this new cut-off, you can still go ahead, but for many, this change is a big step backward.

Until now, the EB-1 for Indians was almost up-to-date. What's the deal with the sudden delay?

Pandemic impacts have shaken up the EB-1 visa landscape, which has a few sub-categories like EB-1A, EB-1B, and EB-1C. For instance, fewer multinational managers were looking for EB-1C visas during the COVID years. But as 2022 sees a return to normal travel, more managers come to the US, leading to an increase in visa requests for 2023.

Aswini Thota, who knows his stuff in AI and data at Bose Corporation, pointed out to the Times of India that managers are now more eager to apply for EB-1C visas, after getting through the tough times of the pandemic.

"For me, the pull towards EB-2 NIW and EB-1A visas was the freedom they give in my career," Thota shared. "Many visas like EB-2, EB-3, EB-1B, and EB-1C tie you down to specific jobs and places. But the EB-2 NIW and EB-1A visas focus on your personal skills and what you can bring to the U.S."

The fact that Indians in the U.S. have been making a name for themselves over the last ten years also plays into this delay.

"Building up expertise and a solid reputation over time allows some Indian professionals to qualify for unique visa categories like EB1-A and EB1-B," he commented. "A lot of us move up in our careers and take on roles that really make us stand out, especially in fields that are research-heavy."

Take Praneet Dutta for example. He’s a sharp engineer at Google DeepMind and a Carnegie Mellon alum. He decided to go for the EB-1 for "extraordinary ability," even without a PhD. Good for him, he got it within a few months, says the TOI report.

Yet not everyone's hitting the jackpot like Dutta, especially if your application was dated after 2022. Immigration lawyer Arianna Efstathiou says this 10-year setback is a huge bummer for folks who were just waiting for their turn. "It's likely because of a visa shortage due to high demand this year," she told TOI. She thinks the update could’ve been communicated better to avoid freaking people out. She also noted that some Indians can pull in older priority dates from other visa categories like EB-2 or EB-3.

But wait, there is a silver lining in this. The State Department believes that things may settle down by October 2023, giving us a ray of hope🤞 for the new financial year.