If you want to apply for an EB-2 visa to the U.S. this year, you may have to wait a little longer. The U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) have announced that the cap on visas under the Employment-Based Second Preference (EB-2) category for fiscal year 2024 has already been reached. No more EB-2 visas will be issued until the next fiscal year begins on October 1, 2024.
What is the EB-2 visa?
The EB-2 visa is designed for foreign nationals with advanced degrees or exceptional abilities in their fields. It allows highly skilled workers to live and work in the U.S. on a permanent basis. The visa is divided into three subcategories:
EB-2A: Professionals with advanced degrees
This applies to people with advanced degrees, such as a master’s degree, doctorate degree, or bachelor’s degree, plus at least five years of progressive work experience.
EB-2B: Exceptional Ability
This program is intended for individuals who have exceptional abilities in areas such as the arts, sciences, or business. To qualify, you must demonstrate that your skills are well above the norm and that your contributions will benefit the U.S. economy or culture.
EB-2C: National Interest Waiver (NIW)
You can apply for this subcategory if your work is considered valuable to the U.S. national interest. This is common for researchers and professionals who have made significant contributions to their fields. In this case, you can even apply on your own, without needing an employer to sponsor you.
An EB-2 visa generally requires sponsorship from a U.S. employer, unless you qualify for the National Interest Waiver, in which case it is possible to file a self-petition.
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to enter the U.S. in E-21 and E-22 immigrant status, respectively.
What limits has USCIS established?
For 2024, the EB-2 visa cap has been set at 28.6% of the total employment-based visas available, which amounts to about 47,000 visas for the year. This is part of a broader cap on employment-based immigrant visas determined annually by the Immigration and Nationality Act (INA). The total number of employment-based visas for 2024 is approximately 165,000, a figure that includes unused family-sponsored visa numbers from prior years.
There are also country limits. No country can receive more than 7% of the total work visas available in a given year.
The cap is based on the worldwide availability of employment-based visas for each fiscal year. It is adjusted to include unused visas from other categories to ensure some flexibility in the system, although the process remains tightly controlled.
Indians interested in EB-2 visa
Each month, the U.S. Department of State publishes a Visa Bulletin, which provides updates on visa processing deadlines. These dates can change frequently for different visa categories. You can only apply for an adjustment of status if your priority date is before the deadline listed in the bulletin.
According to the August 2024 Visa Bulletin, the EB-2 visa deadline for India is July 15, 2012. This shows that Indian EB-2 visa applicants are currently facing a severe backlog in visa processing, with priority dates stagnating for over a decade.
According to EB5AN, a US government-approved EB-5 visa firm, the backlog in processing the EB-2 and EB-3 visa categories is particularly affecting Indian nationals. “Waiting times for these categories are currently longer than for any other employment-based immigrant visa in the US, including the popular EB-5 visa,” notes Sam Silverman, managing partner at EB5AN.
“In fact, global demand for EB-2 visas has increased to quadruple the number of visas available annually,” Silverman adds. “We are seeing over 180,000 applications for only 40,000 available visas. To complicate matters, this quota includes not only the principal applicant, but all dependents and family members as well.”
This backlog poses a major challenge for Indian citizens seeking to obtain their Green Card through the EB-2 visa route.
First published: September 12, 2024 | 12:22 pm IS
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