For best Indian advisers alive in the US, there is an acutely continued delay for accepting the blooming card. This is alike afterwards the employer files a address advertence absorbed of the agent to arrive and the address is approved. While this botheration affects both India and China, it is added astute for India. The delay times, gradually deepening over the accomplished few years acquire added to several decades now, to the point of aloof acceptable a absurd number.
The abandoned affair worse than cat-and-mouse in this absolute band is not alike compassionate how the arrangement works. Now and again I would apprehend account about this affair that fabricated no faculty like ‘the accepted date confused backward’ or ‘people are downgrading’. I absitively to dig abysmal and acquire how these delay times assignment and what it agency for the future.
In this column I will abandoned allocution about Appliance based blooming cards. ‘Employment based’ is aback a adopted civic becomes a allowable abiding aborigine through appliance in the United States. The altered appliance based categories are EB-1(or E1), EB-2 … EB-5. They are about agnate to PhD amount holders, Masters amount holders, accessible amount holders, religious workers and investors in that order.
Why doesn’t anybody get a blooming agenda already their address is approved?
There is absolute to the cardinal of blooming cards/immigrant visas that can be issued on the base of appliance every year. Today this anniversary cap is 140,000 blooming cards. The 140,000 blooming cards are breach up amid the altered categories in a specific proportion. Added to this there is a “per-country” cap. This agency that anniversary country has a absolute that is 7% of the absolute cardinal i.e. 9800.
When you administer for a blooming card/ immigrant visa, the date on which the Department of Labor receives your address is your antecedence date. Anticipate of this as your abode in the line. It is the day you are clearly cogent your absorbed to arrive to this country. Already you abide your address and it is approved, you charge to analysis on the availability of a acceptance for your country/category. If the appeal is beneath than the accessible cardinal of blooming cards for a accurate country/ class combination, that aggregate is said to be accepted and you can acclimatize your cachet to a allowable abiding resident. If there is college appeal than the cardinal of accessible blooming cards, again you charge to wait. For that combination, USCIS will set a antecedence date. Anyone whose antecedence date is afore that date can book an acclimation of cachet and get a blooming card. Every one abroad needs to delay for their antecedence date to become current.
Are there abandoned 2803 blooming cards for EB2 India every year?
Not really! The 7% country cap is to ensure every country gets a attempt at accepting the blooming cards. If there are added blooming agenda numbers they are accustomed to the country/ class with college demands.
What are the accepted delay times?
Every ages the USCIS releases a Acceptance account which specifies the cachet (current / antecedence date) for the altered categories in anniversary country. Below is the abstracts from the Acceptance account for April 2018.
For appliance based blooming cards, except for India, China and Philippines, all added countries acquire a ‘current’ cachet for E1, E2 and E3. You can see that India is the best retrogressed country. A aborigine of India with a antecedence date of February 2008 in the EB3 class is abandoned acceptable to get their blooming agenda now. So they had to delay for over 10 years. The guy with a antecedence date of 2008 and a 10 year delay about is abundant bigger off than addition with a antecedence date of 2018 and a abeyant delay time of several decades. This is because every year, there are added bodies aing the band than there are bodies abrogation the band and the band increases in size.
E1 category: Alike admitting from the aloft abstracts it looks like a 6 year delay for this category, till aftermost ages the E1 class was accepted for both China and India. So anybody got their blooming agenda in a few months. But due to aerial appeal now these categories are aback at a Jan 2012 date i.e. starting April, till USCIS finishes processing and acknowledging blooming cards for petitions afore Jan 2012, they will not acquire acclimation of cachet for anyone whose antecedence date is afterwards Jan 2012.
Did you aloof say that the dates went aback to Jan 2012? Can the dates go back? :O
YES 🙁 The dates can go aback instead of affective forward, it is alleged corruption and it is everyone’s affliction nightmare; at atomic it acclimated to be. Now bodies acquire aloof accustomed up hope. Alike admitting all adopted nationals accurate their absorbed to arrive and get a antecedence date, this abandoned is not abundant for the government to apperceive how abounding bodies are in line. This is because afterwards you get your antecedence date, you can get affiliated (adding a apron to your application) or acquire kids alfresco the US (adding abased to your application) etc. While you acclimatize your cachet you can accommodate spouse/dependents and they will additionally be counted adjoin the visas accessible for your country/category. You could acquire additionally afflicted you apperception and accustomed up your spot. Bodies can about-face amid categories beneath some affairs too. The aftereffect of all of this is that USCIS estimates how abounding bodies activated in a accurate month. If too abounding added bodies end up filing the acclimation of cachet they charge to retrogress. e.g. USCIS estimates that 3000 bodies activated in Feb to June 2008 and move the date to June 2008 as they acquire 3000 accessible blooming cards. But again 7000 bodies book acclimation of status. This is added than the visas they acquire available. So they will move the date aback to Mar 2008 in the aing account and accomplish slower movements advanced afterwards that.
Were the delay times for India consistently so large?
No. Till 2005, India was about consistently accepted except for a few months aback it would backslide and t up anon after.
What afflicted then?
Between 2005 and mid 2012, EB2- delay times kept capricious amid 3 to 5 years. The delay times for EB3 about aloof kept accretion to up to 10 years. In the contempo accomplished both EB2 and EB3 acquire 10 year delay times and these are activity to get aloof worse. Basically the appeal has aloof consistently been college than the accessible accumulation and this causes the delay times to increase.A aggregate of factors in the contempo accomplished acquire circuitous this increase.
What does the approaching attending like?
Waiting 80 years isn’t absolutely an option, is it?
You acquire few not so abundant options if you appetite to abide in the country:
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