EB-1 Retrogression : Thousands of Indians who have been working in the United States are facing unprecedented challenges due to a sudden and unexpected change in the process of obtaining permanent residency, popularly known as a Green Card. The EB-1 category, which allowed individuals with exceptional talent or top academic qualifications to obtain fast-tracked permanent residency, has been hit by a significant retrogression of 10 years, leaving many Indian applicants in a state of shock.
In the monthly visa bulletin for August 2023 released by the US Department of State, the final action date for Indians under the EB-1 category has regressed from February 1, 2022, back to January 1, 2012. This unexpected turn of events has left many wondering what led to this substantial setback in a category that historically has been close to being current.
EB-1 Retrogression & Divided Into Three Sub-Categories
The EB-1 category is divided into three sub-categories: EB-1A, EB-1B, and EB-1C. The recent retrogression is particularly noticeable in the EB-1C category, which is designed for managers and executives of multinational corporations (MNCs). The COVID-19 pandemic disrupted international business travel, leading to a decrease in the number of multinational managers being sent to the US. As global travel resumed in 2022, a surge in managers entering the country prompted a wave of EB-1C visa sponsorship applications. This unexpected spike in demand appears to have contributed to the retrogression.
Aswini Thota, an AI and data analytics expert at Bose Corporation, explains, “The significant experience and skills accumulated by Indians who have resided in the US for over a decade have made many eligible for exclusive visa categories such as EB1-A and EB1-B. The accomplishments achieved over the years align with the criteria set by the US Citizenship and Immigration Services for these categories, particularly in research-oriented careers.”
Praneet Dutta, a senior research engineer at Google DeepMind, shares his journey through the EB-1 Green Card process. Despite initial doubts, his contributions to the AI field allowed him to successfully navigate the rigorous application process. Dutta’s case illustrates the potential of the EB-1 category for individuals who demonstrate exceptional ability in their respective fields.
Experts believe that the retrogression is a result of increased demand from India’s thriving professional sector coupled with country-specific Green Card limits. The influx of applications from various professional backgrounds has likely strained the cap set for each country, leading to the retrogression.
The good news is that the US Department of State has indicated a potential return to normalcy in October 2023, at the start of the new fiscal year. The cut-off date for Indian EB-1 immigrants is expected to advance back to where it was in August 2023, offering relief to many affected individuals.
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