For the first time in many years, the EB-1 Green Class is no longer a fast track for all qualifiers. At least for now. Recent predictions of the EB-1 visa downturn came true when the August 2016 Visa Bulletin showed a deadline for final action for EB-1 applicants born in China or India.
Many applicants from India or China who filed their I-140 EB-1 Petition on or after the deadline will not be able to obtain an immigrant visa or adjust status until the new visas become available.
Here is what you should know if you are an Indian or Chinese citizen who has applied for or is planning to apply for an EB-1 Green Card:
- Visa backlog applies to applicants for EB-1A Exceptional Ability, EB-1B Distinguished Scholar, and EB-1C Multinational Executive/Manager Green Cards.
- You can file your I-140 petition at any time. The visa prospectus only controls when you can file your I-485 amendment to your application for status and when it can be approved.
- If you are still waiting for your I-140 petition to be approved, you can apply for adjustment of status before July 31, 2016.
- If your I-140 petition was approved before January 1, 2010, you can apply for an adjustment of status even in August.
- If you plan to apply for the EB-1 program in July, you can apply for Adjustment of Status (I-485) at the same time. However, if your I-140 is denied, your I-485 will also be denied.
- If your Form I-140 is approved and you apply for an adjustment of status, Form I-485 remains in processing and cannot be approved until your priority date is in effect. Keep checking the Final Work Outline of the Visa Bulletin to determine if your priority date is currently.
- If you are about the sixth year of your H-1B visa, have your EB-1 I-140 approved, and your priority date is January 1, 2010 or later, you are eligible for a three-year extension.
- Each fiscal year, a new allocation of 140,000 work visas is available. According to a State Department announcement last month, the EB-1 category will become effective again in October.
This unusual backlog is due to the large number of EB-1 applications and approvals in the past year. Since the EB-1 category has the highest priority in ranking immigrant visa numbers, it will continue to be the fastest path for qualified applicants to work. If you would like to assess your eligibility for the EB-1 program, send me a detailed resume at ann.badmus@solidcounsel.com for a free initial review.