The EB-2 category is reserved for exceptional individuals in the fields of science, art and business, or professionals holding advance degrees.
Every month, thousands of Green Card hopefuls await the monthly visa bulletin released by the U.S. Department of State. While Indian employment-based visa-holders have been battling the snail pace of visa priority dates for years now, the just released November 2019 bulletin showed the cruel joke that Green Card backlog has become for Indians in the US.
The EB-2 visa date just moved by one day in the November Bulletin. The EB-2 India date, which was set at May 12, 2009, just moved to May 13, 2009. Previously, the EB-2 India date had been moving by only a couple days forward each month.
EB-2 is one of the employment-based immigrant visa categories under which one can apply for permanent residence in United States. Created by the immigration act of 1990, the category is reserved for exceptional individuals in the fields of science, art and business, or professionals holding advance degrees.
What may come as a shock for Green Card applicants from many other countries is that, on an average, the EB-2 India waiting time for Green Card is two decades, and, in a few cases an unbelievable 150 years.
A day’s change can mean at least a year more of wait for many applicants. Portland based Immigration attorney Brent Renison of Parrilli Renison LLC describes the one day move outrageous. He said, “EB-2 India has only been moving a couple days forward each month. Now, just one day. One day! Incredible! How can people stand this? It is an outrage!”
Asked how it affects families and their lives, he gives the example of one of his clients “Sameer Sahay is my client,” he said. “His priority date is May 19, 2009. He came in 2005. When the date moves forward one day each month, and sometimes dates stand still or go backward (called “retrogression”), it may take another year for Sameer Sahay to be approved for his green card. He’s already passed the decade mark.”
He added, “Moving just one day also has implications on the children. There are many Indian families with children who came [to the United States] very young to the country, and who are in all respects “American” just like the dreamers, but who because they weren’t undocumented couldn’t get DACA, and they lose their eligibility for the green card when they turn 21 and a priority date isn’t current for them. So, one day movement could mean the difference between someone staying with the family, and being ineligible.”
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