EB-1 Green Card Category for India and China Retrogress Even Earlier This Year
As reported in the April 2018 Visa Bulletin, the EB-1 green card categories for India and China have retrogressed for the third straight year, but this time even earlier in the year. Last year, EB-1 China and India did not retrogress until June; this year it is retrogressing as of April 1.
Another unfortunate change is that last year when these categories retrogressed, the Department of State explicitly stated that these categories would become current again on October 1. This year, the Department of State has made no such promise, instead merely stating:
E. OVERSUBSCRIPTION OF THE CHINA-mainland born AND INDIA EMPLOYMENT-BASED FIRST (E1) PREFERENCE CATEGORIES
There continues to be an extremely high rate of demand for E1 numbers, primarily for USCIS adjustment of status applicants. Pursuant to the Immigration and Nationality Act, it has been necessary to impose E1 Final Action Dates for these two countries, which have already reached their per-country limit. This action will allow the Department to hold worldwide number use within the maximum allowed under the FY-2018 annual limits.
Should the level of worldwide demand for E1 numbers decline, there could be some future movement in this date prior to the end of the fiscal year.
This retrogression is based on increasingly high demand for employment-based green cards for highly skilled Indian and Chinese professionals.
What Does the Retrogression Mean for Indian and Chinese Foreign Nationals?
On April 1, both the EB-1 India and China categories will retrogress again to January 1, 2012. This means only applicants with a priority date of January 1, 2012 or earlier will be able to apply for adjustment of status (or apply for an immigrant visa abroad) starting on April 1.
The EB-1 category contains the most highly skilled categories for foreign professionals. These categories include:
- Individuals of Extraordinary Ability
- Outstanding Researchers
- Multinational Managers and Executives
Traditionally, these categories have been current for all foreign nationals, until the trend we have seen in the last couple of years. However, this is the third consecutive year we have seen this sort of retrogression. In 2016, this retrogression occurred in August. In 2017, it occurred in June. Now, in 2018, the retrogression is occurring in April.
Apply for Adjustment of Status By March 31 If Your EB-1 I-140 Petition was Recently Approved
Indian and Chinese foreign nationals with recently approved I-140 petitions have until March 31 to file an application for adjustment of status. Application received after that date will be rejected. EB-1 I-140 applicants may want to consider filing for adjustment of status concurrently if it is possible to file both petitions by March 31.
Eligible for an EB-1 Petition?
For more on EB-1 categories, refer to our page on employment-based green cards. Please also feel free to contact us online or give us a call at (303) 872-6985 to learn whether you may be eligible for an EB-1 petition.