Are you waiting for your I-485 in the US Green Card Process? USCIS will no longer accept new EB-2 and EB-3 I-485 applications from Indians in fiscal year 2024.

Key Points:

• Indian immigrants in the United States face prolonged green card wait times, especially those in employment-based categories.
• USCIS ceases new EB-2 and EB-3 I-485 applications from India starting fiscal year 2024.
• The decision is grounded in the U.S. Immigration and Nationality Act, requiring an available immigrant visa for I-485 applications.
• Implications include extended waiting periods for Indian green card applicants.
• There's an urgent need for more employment-based visas to match the nation's economic needs.
• Comprehensive immigration reform is essential to accommodate skilled professionals and stimulate the U.S. economy.

Understanding the Situation for Indian Green Card Applicants:

Indian immigrants residing in the United States are currently grappling with increasingly prolonged wait times associated with green card applications. Particularly concerning are those in the employment-based 2 and 3 categories, who now find themselves trapped in an expanding backlog. This issue is magnified by the fact that over 1.1 million Indians are currently enduring the lengthy green card application process.

USCIS' Decision and Legal Background:

The United States Citizenship and Immigration Services (USCIS) has taken a decisive step that directly impacts the aspirations of Indian green card applicants. Starting in the fiscal year 2024 (from October 1, 2023, to September 30, 2024) and beyond, USCIS will cease accepting new applications for EB-2 and EB-3 I-485 from India. This significant decision is grounded in the extensive inventory of EB-2 and EB-3 India adjustment of status applications. This action aligns with Provision 203 of the U.S. Immigration and Nationality Act, which mandates the State Department to periodically assess the demand for immigrant visas. Additionally, Section 245 of the Immigration and Nationality Act stipulates that an immigrant visa must be "immediately available" at the time an I-485 application is submitted.

Implications and Impact on Indian Green Card Applicants:

This decision implies that the application filing dates for EB-2 and EB-3 India are expected to remain stagnant for several fiscal years. Consequently, Indian applicants face the challenge of enduring extended waiting periods as they pursue their green cards.

Urgent Need for More Employment-Based Visas for Indians:

At the core of this issue is the inadequacy of available employment-based visas in the United States. The current annual cap of 140,000 visas does not align with the nation's robust economic strength. Without proactive measures, the United States risks losing exceptionally talented individuals to other countries.

USCIS' Response and Future Challenges:

USCIS acknowledges the challenges created by prolonged wait times and is committed to working with Congress to find solutions. USCIS aims to introduce policy and regulatory changes to provide more predictability, stability, and security for employer-sponsored non-citizen applicants. However, it's vital to recognize that only Congress has the authority to make substantive modifications to immigrant visa numbers.

Conclusion:

The escalating wait times for Indian green card applicants residing in the United States underscore the pressing need for comprehensive immigration reform. Such reforms could provide a broader platform for skilled professionals to contribute to the U.S. economy and promote innovation. It's imperative that Indian immigrants in the United States stay informed about potential policy changes and actively participate in discussions about immigration reform. In a rapidly evolving landscape, their voices can be the driving force for substantial and meaningful changes that benefit all stakeholders involved.

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