US eases EB-1 visa rule: Indians facing green card backlog can benefit

Around 140,000 Indians are in queue for US EB-1 green cards, while over a million await EB-2 and EB-3 green cards combined

The US Citizenship and Immigration Services (USCIS) last week updated its guidelines for the EB-1 visa category, making it easier for applicants to demonstrate ‘extraordinary ability’ across various fields such as science, arts, education, business, and sports. These changes, effective immediately, now recognise team-based awards as evidence and provide further clarifications on other eligibility criteria.

According to experts, the update, although positive, is unlikely to really benefit EB-2 and EB-3 visa applicants.

“This policy update is good news for Indians looking beyond the EB-2 and EB-3 routes to the green card, but it’s unlikely to benefit EB-2 and EB-3 visa applicants unless they can demonstrate extraordinary ability under EB-1,” Vivek Tandon, founder and CEO of EB 5 BRICS told Business Standard.

What is the EB-1 visa?
 

The EB-1 visa is an employment-based visa that allows foreign nationals with extraordinary ability to live and work permanently in the US. This visa, also known as the Extraordinary Ability Permanent Residence visa, extends to the applicant’s spouse and children, enabling them to apply for green cards.

Many Indian professionals, particularly in the STEM fields, are now exploring the EB-1A subcategory due to the long wait times for the EB-2 and EB-3 categories. According to the National Foundation for American Policy, as of November 2023, 140,000 Indians are in line for EB-1 green cards, while over a million await EB-2 and EB-3 green cards combined.

How do the new rules benefit Indian professionals?

The updated guidelines now recognise team-based awards as evidence of extraordinary ability, which is expected to benefit Indian professionals working in fields where collaborative success is the norm. Varun Singh, MD of XIPHIAS Immigration, explained the key areas where Indian professionals stand to gain:

1. Recognition of team achievements: The new rule now considers contributions to team-based awards, such as joint research projects or technological innovations, offering a broader path to qualify for the EB-1 visa.

   

2. Sectors impacted:

Technology: Engineers involved in award-winning software or AI projects can use team-based recognitions.

Sports: Athletes part of internationally recognised teams, like cricket teams that have won major tournaments, can leverage their team accolades.

Academia: Researchers contributing to groundbreaking scientific discoveries, such as those recognised internationally, can now find it easier to qualify for the EB-1A visa.

Recognition of team-based success

The update formally recognises the achievements of Indian professionals working in collaborative environments, especially in fields like technology, research, and sports. The new flexibility benefits:

Technology collaborations: Indian professionals working in multinational companies on projects in areas like AI, machine learning, and biotech.
Sports teams: Indian athletes competing internationally, such as those representing India in global competitions.

Scientific collaborations: Researchers from Indian institutions working on internationally recognised projects like climate studies or medical advancements.

Tandon noted that Indian professionals can now self-sponsor for the EB-1A green card, without needing employer support. “This shift dispels the belief that EB-1A is only for academicians, making it more accessible to tech workers and business professionals,” he said.

USCIS clarifies evidence requirements
 

The US Citizenship and Immigration Services (USCIS) has also provided further guidance on the types of evidence required to demonstrate extraordinary ability in non-artistic fields such as science, engineering, and business.

Tandon advised applicants to carefully plan and document their achievements to maximise their chances under the EB-1A route. “Preparing early and documenting your achievements is key to demonstrating extraordinary ability,” he said.

Limited benefits for EB-2 and EB-3 visa holders
 

While the update is a positive development for many professionals, it may not significantly benefit those in the EB-2 and EB-3 categories. Indian professionals facing visa backlogs could potentially use the new team-based recognition rules to transition to the EB-1 category, but they would still need to demonstrate extraordinary ability.

Tandon highlighted the challenge, saying, “Unless they have extraordinary achievements that can now be leveraged for an EB-1A application, it’s unlikely to make a huge difference. While the EB-1 route offers a faster path to a green card than EB-2 or EB-3, the programme is backlogged as well.”

What should Indian professionals focus on?
 

For those exploring the EB-1A option, Singh advised focusing on building a strong case with clear, documented evidence:

Team contributions: Clearly outline one’s role in team-based achievements.

Objective impact: Provide evidence such as patents, research publications, and leadership roles.

Document achievements: Collect letters of recommendation, media coverage, and other supporting documents.

Filing fees for the EB-1 visa

The cost for the Form I-140 Immigrant Petition for Alien Worker filing fee is $700 (Rs 58,779 approx). This fee is usually covered by the sponsoring US employer. However, if you are self-petitioning under the ‘extraordinary ability’ sub-category (EB-1A), you may need to pay this fee yourself.