October 2024 Visa Bulletin

COVID 19 has caused many plans to go awry and has impacted the lives of immigrants in different ways. One of the big frustrations was the 2020 green card ban President Trump enforced in his April executive order. The process for numerous Indians who were ready to get their green cards was paused once again, and the wait continued. But in unexpected ways, COVID 19 has actually increased the green card chances for Indians. 

In the October 2020 visa bulletin, the Department of State announced green card updates that have kindled new hope for Indian immigrants. Let’s take a closer look. 

October 2024 Visa Bulletin

The October 2020 Visa Bulletin is the first visa bulletin of the Fiscal Year 2021, and it has come bearing good news. The Department of State has made its calculations and projects a large number of green cards to become available. It also expects a rapid forward movement in priority dates for Indian applicants.

According to the October 2020 visa bulletin, the employment-based green card annual limit is 261,500 for the Fiscal Year 2021. This number is an all-time high considering, for example, the Fiscal Year 2020 employment-based preference had a cap of 156,253. 

What has caused this sudden spike, you may be wondering. Well, it seems there is an upside to the 2020 green card ban. 

President Trump’s green card ban suspended the processing of any new green cards until the end of 2020. The ban’s purpose was to prevent people from immigrating to the U.S. during the pandemic and jeopardizing American jobs. This April 2020 green card ban combined with the limited consular services that were available due to COVID 19 caused family-based immigrant visa processing to slow down. Many family-based green cards were left unused. Fortunately, the law provides that unused green cards can be used for employment-based green cards. And as a result, almost one hundred thousand more employment-based green cards will be available in the Fiscal Year 2021.

This increase in the annual cap for employment-based green cards isn’t the only good news in the October 2020 visa bulletin, though. There is also a large forward movement in employment “Dates for Filing” and “Final Action” dates.

For example – 

• EB1 category – the time frame has been moved three months forward with the new Final Action Date being June 1, 2018.
• EB2 category – the time frame has been moved two months forward with the new Final Action Date being September 1, 2009.
• EB3 category – the time frame has been moved 3.5 months forward with the new Final Action Date being January 15, 2010.

Who Does This Affect?

Even though there is quite a wide range of applicants that could be affected, these updates have a significant impact on Indian immigrants specifically. 

Indians are by far the largest beneficiary group of employment-based visas such as the H1B and L1 visas. They are also one of the largest employment-based green card applicant groups in the United States in the EB2 (advanced degree holders) and EB3 category.

For Indian Applicants, the new Final Action Dates are forward as follows:

• EB1 category – Final Action Date is September 1, 2000.
• EB2 category – Final Action Date is May 15, 2011.
• EB3 category – Final Action Date is January 1, 2015.

Why Is This Important? 

In short, the higher annual cap on green cards has sped up green card processing by five years. This means a large group of Indian applicants will receive their Lawful Permanent Resident status much sooner than expected. With the new priority dates being published, Indian employees who applied for green cards before these Final Action Dates can begin the last steps to getting their green cards. 

Each year there is an annual cap of about 140 000 employment-based green cards. This cap is split across the five employment preferences (EB1, EB2, etc.). Each country only gets 7% of this cap allocated to it. As mentioned above, the most relevant employment categories to Indian applicants are the EB2 and EB3 categories (as this is where most H1B and L1 visa holders fit in). 

Generally, Indians are the largest group of employment-based green card applicants in the United States. According to the CATO institute, the estimated backlog for Indians in these categories is over seven hundred thousand as of 2019. Only a tiny portion of this group gets their green cards approved every year. According to reports, it would take 195 years for Indians to get their green cards if this pace should continue. Many Indian visa holders have been waiting for decades to make the life they’ve built in the U.S. permanent by getting their Lawful Permanent Resident status. 

With green card processing for Indians being sped up by five years, many applicants who still had many more years to wait can now finally take action to get their green cards. The fact that the EB3 Final Action Date is moved forward to January 1, 2015, for example, means Indians who have had their Form I-140 (Immigrant Petition for Alien Workers) approved before this date can now file their Form I-485. Filing Form I-485 is the last step in the green card application process. 

Also, another big bonus is once the Form I-485 is approved, Indian applicants can get their Employment Authorization Documents. This makes a huge difference in day to day life as this allows applicants to switch employers should they want to. It also gives them more freedom to move in and out of the United States. 

Finally, the rapid forward movement of priority dates in the coming months also means the line for getting a green card will be moving much faster than before. 

What Happens Next?

If you are an Indian applicant, your next steps are to take action! Check where in the line your application falls. There is a chance you could even get your green card in Fiscal Year 2021! 

Also, keep in mind new visa fees will be taking effect on October 2, 2020. So, the time is short to file your petition before the new fee regime arrives. 

Conclusion

The COVID 19 pandemic has, for the most part, only left devastation in its wake. This is especially true for the American immigration community. Many Indian immigrants were separated from their loved ones for months on end and have been left unsure of what the future holds due to H1B job losses. 

But one positive thing COVID 19 has left is the number of employment-based green cards that will be available to Indian immigrants in Fiscal Year 2021. Many Indian immigrants who have been waiting for decades to get their green card’s wait have been shortened by five years. This could even be you! Take a look at the new priority dates and see whether this could be a small victory in your journey to becoming a lawful permanent resident and hopefully, one day a U.S. citizen!

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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