Sarah Bileti
By Sarah Bileti and Samantha Wolfe
As we delve into the February 2024 Visa Bulletin, it’s evident that the priority dates for employer-based immigrant petitions continue to face minimal advancement, contributing to prolonged wait times for immigrant visas throughout fiscal year 2024. Let’s examine the key highlights and implications of this latest update.
Key Highlights:
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Samantha Wolfe
Limited Movement in EB-2 and EB-3 Categories: USCIS and the State Department have reported minimal progress in the EB-2 and EB-3 categories for various regions, with exceptions for India and China.
- Use of Dates for Filing Chart: USCIS continues to utilize the Dates for Filing chart to determine eligibility for I-485 filings, reflecting priority dates expected to become current during the fiscal year.
- Impact on India and China: The final action dates for China and India across all employment-based categories, except for the Other Workers category for India, show no significant advancement.
- Continued EB-1 Category Retrogression: Despite hopes for advancement, the EB-1 category, particularly for China and India, has experienced little to no movement, impacting individuals seeking shorter green card wait times.
Implications of Visa Backlogs and Retrogression:
The lack of progress in priority dates, especially for India and China, poses challenges for individuals and employers navigating the green card process. While the EB-1 category offers potential expedited processing, its stringent eligibility criteria, and recent retrogression present hurdles for many applicants.
Considerations for Employers and Individuals:
- Despite retrogression, the EB-1 category still offers relatively faster processing compared to other categories.
- Employers should weigh the benefits of pursuing the EB-1 process for their sponsored employees, considering reduced immigration costs and increased talent retention opportunities.
- Another option employers may want to consider for employees with advanced degrees or exceptional ability in STEMM fields is the National Interest Waiver (NIW). While an NIW approval provides an EB-2 priority date, if successful, it allows the employer and the foreign national to skip the lengthy PERM process and associated labor market test, a significant benefit from both a timing and cost perspective particularly in a labor market flooded with tech industry job seeks.
Conclusion:
Navigating the complexities of visa backlogs and retrogression requires a deep understanding of immigration laws and requirements. Particularly given the frequent changes, employers and individuals should seek counsel from experienced immigration attorneys.
Holland & Hart’s Immigration team stays abreast of legislative and policy updates.
