Not yet a Member?
HR Magazine is highlighting the next generation of HR leaders.
Is your employee handbook ready for the New Year? With SHRM’s Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Attend a comprehensive, instructor-led review before you sit for your SHRM exam.
Learn to implement the complex changes and ensure compliance with the FLSA. 2-Week Virtual Seminar, Nov 29-Dec 8.
Indian professionals waiting on permanent residency availability in the U.S. were dealt a significant blow with the release of the Department of State’s most recent visa outlook.
The November 2014 Visa Bulletin, released Oct. 9, showed a dramatic retrogression in the priority date for Indians in the EB-2 category, from May 2009 all the way back to February 2005. The EB-2 category is comprised of foreign nationals holding advanced degrees and pursuing permanent residence in the U.S.
The Visa Bulletin sets out per-country priority dates that regulate when an individual may begin the final phase of the “green card” process. Those with a priority date that is earlier than the date listed for that visa category and country can proceed with their application.
The priority date is determined by the earlier of either the date an Immigrant Visa Petition (Form I-140) was filed with U.S. Citizenship and Immigration Services (USCIS) or the date a Labor Certification Application was filed with the U.S. Department of Labor. Once this date becomes current, the beneficiary is then eligible to file a green card application with USCIS or an immigrant visa petition with a consulate or embassy abroad.
Priority date cutoffs are assessed on a monthly basis by the State Department, based on anticipated demand, and can move forward or backward or remain static.
Visa Upgrades Led to Surge
The retrogression in the EB-2 India category is the result of a significant percentage of Indian nationals upgrading from the EB-3 category for professionals to the EB-2 category. This situation occurs when individuals already holding EB-3 status but not yet granted permanent residency are sponsored by an employer for permanent residence in the EB-2 category. Beneficiaries use their established EB-3 priority dates for subsequently filed immigrant visa petitions in the EB-2 category, creating a sharp surge in demand.
Good News for Rest of the World
Employment-based categories for all countries, except for EB-2 India, advanced:
Roy Maurer is an online editor/manager for SHRM.
Follow him at @SHRMRoy
SHRM Online Global HR page
Keep up with the latest Global HR news
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
Choose from dozens of free webcasts on the most timely HR topics.
SHRM’s HR Vendor Directory contains over 3,200 companies