The July 2024 Visa Bulletin has brought unexpected good news for Indian visa applicants. After months of minimal movement, the bulletin shows significant advancements in several employment-based Green Card categories. Most notably, the EB-1 preference for Indian applicants has jumped ahead by 11 months, and the EB-2 category has advanced by two months. Below, we explain how the visa bulletin works, what these changes mean, and how eligible applicants should proceed.
How the Visa Bulletin Works
The U.S. Citizenship and Immigration Services (USCIS) Visa Bulletin is a monthly publication that outlines the availability of immigrant visas. It is a crucial resource for individuals seeking Green Cards through employment-based categories. The bulletin distinguishes between two critical dates:
- Dates for Filing: This date indicates when applicants can begin the process of submitting their visa applications. To be eligible, an applicant’s priority date (the date their labor certification or immigrant petition was filed) must fall on or before the cut-off date listed for their visa category and country.
- Final Action Dates: This date represents when the USCIS or the Department of State can make a final decision on the application. Essentially, it’s the date when the applicant’s Green Card can be approved.
Significant Changes in July 2024
The July 2024 Visa Bulletin has brought considerable progress for Indian applicants in the EB-1 and EB-2 categories:
- EB-1 (Priority Workers): This category, which includes individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers, has seen an 11-month advancement for Indian applicants. This leap is significant, reducing the waiting time and allowing many applicants to move forward with their applications much sooner than anticipated.
- EB-2 (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability): This category has also advanced by two months. This movement, though not as dramatic as the EB-1 advancement, is still noteworthy and provides a positive outlook for many professionals and individuals with exceptional abilities.
What These Changes Mean for Indian Applicants
The advancements in the EB-1 and EB-2 categories mean that many Indian applicants who have been waiting for their priority dates to become current can now proceed with their Green Card applications. This unexpected availability is a golden opportunity for many who have been in limbo due to the long waiting times historically associated with these categories.
Steps to Take if You Are Eligible
Suppose your priority date is current in the Visa Bulletin. In that case, it means that you are now eligible to proceed with the next steps in your Green Card application process. Here are the steps you should take:
1. Consult with an Immigration Attorney
It’s crucial to consult with an experienced immigration attorney who can guide you through the process. They can provide personalized advice, help you understand your eligibility, and ensure that your application is complete and accurate.
2. Gather Necessary Documentation
You will need to gather all the required documents to support your application. This may include:
- Labor Certification: If applicable to your case.
- Form I-140 Approval Notice: This is your immigrant petition approval.
- Birth Certificates: For you and any dependents.
- Marriage Certificate: If applicable.
- Passport and Visa Copies: Include all pages.
- Employment Verification: Letters and pay stubs to prove your current employment.
- Medical Examination: Completed by a USCIS-approved doctor.
3. File Form I-485 (Adjustment of Status)
If you are already in the United States, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form, along with the required supporting documents, will initiate the process to adjust your status to that of a permanent resident.
4. Stay Informed and Monitor Your Case
Keep track of your case status through the USCIS website or the National Visa Center. Stay in touch with your attorney and promptly respond to any requests for additional information.
Professional Legal Counsel for EB-1 Immigrants
The July 2024 Visa Bulletin has brought a wave of relief and excitement for many Indian applicants in the EB-1 and EB-2 categories. With significant advancements in priority dates, now is the time for eligible applicants to take action. At Litwin & Smith, we are here to help you navigate this process and make the most of this unexpected opportunity. Contact us today to schedule a consultation and start your journ
