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US-Based Employment Green Card
More US-Based Employment Green Cards Available FY-2022

More US-Based Employment Green Cards Available FY-2022

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Indians have a golden opportunity to go to the US this fiscal year.

This is simply because of a welcome announcement from the United States. Now, Indians who look for employment-based green cards there would have an opportunity now. This fiscal year, more visas will be available under high-priority categories.

Exceptionally High Number of Employment-based Visas

A spokesperson from the USCIS or US Citizenship and Immigration Services announced on Friday that the eligible employment-based green card applicants could have a chance to shift to a higher preference category. It is simply because the demand for immigrant talent is high, as the vacancies are exceptionally available there. For this reason, employment-based immigrant visas for the ongoing fiscal year ending September 30 are available in massive numbers.

Why are Visas Massively Available?

The statement from the USCIS office states that the overall annual limit for employment-based visas for the fiscal year 2022 is nearly double. It is exceptionally high as compared to the usual limit. Another reason for its high availability is that these cover all unused family-sponsored visa numbers from the fiscal year 2021, which was approximately 140,000.

Change of Status

The eligible applicants can apply to adjust their status to the EB1, which is for priority workers, or the second option, which is available for non-native professionals with advanced degrees or extraordinary skills.

A number of NRIs or India’s natives had been waiting for this news for a long time. Their long wait was all because of the overwhelming number of applications for employment-based green cards. Besides, the annual country bracket also restricted the applicants.

Reason for High Demand

There are hundreds of technology-based companies there that sponsor permanent residency for employees. These employers have put the applicants on hold. These applicants are the ones who run out of extensions on their H-1B work permit. The delay in offering it caused its heavy demand.

Rajiv S Khanna, managing attorney at Immigration.com said that people are walking in the air. They have been waiting for many years. The employers have put their applications on hold. Now, it’s likely to be over. We think that many NRIs can apply for their green cards under the EB2 category if they hurry up.

In the past, several people had downgraded their applications from EB2 to EB3 as that category was moving faster. They can now upgrade back to EB2.

Further, he said that the USCIS is willing to approve as many green card applications as they can. This is simply because there is a massive family quota available. Certainly, there is no incident of such happening in the past.

Visa Categories

Under the relevant statute, the first employment-based preference category would have all such visas that are not required in the fifth employment-based preference category.

Likewise, any visas not required in the first employment-based preference category would be available in the second employment-based preference category.

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green card
NRIs Get Green Card through Marriage of USA in Three Steps

NRIs Get Green Card through Marriage of USA in Three Steps

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You can get green card of the USA, if your spouse is its citizen. You will naturally be eligible to file petition for getting this card through marriage.

But, you have to present evidence and concrete facts of your intentions. The consular officers scan your intentions during the visa interview. If they conclude them deceitful, your visa application could be rejected.

The green card through marriage brings along the lingering benefits for non-residents live and work anywhere in the United States. The NRIs attain the status of a permanent resident. But if, they apply for the US citizenship, they gain the leverage to live and work three more years there.

  1. File Petition for Alien Relative via Form I-130:

Before knowing about this form, you should know about the beneficiary and the petitioner/sponsor. Let’s say, you’re a citizen of the US. Now, you want to call your wife from Australia to settle with. In this case, you have to file a petition to sponsor her. Thereby, you’ll be the “sponsor/petitioner”. On the other hand, your wife would be considered the “beneficiary”.

The sponsorship procedure begins by submitting the Form I-130. It is also called “the Petition for Alien Relative”. The sponsor can also sponsor his relatives, mother or father through it. But, he has to file separate petitions for each one.

This form serves the purpose of pulling out a valid proof of the relationship between the beneficiary and the sponsor. In the aforementioned case, the petitioner should present all evidences in support of his marriage.

Which supporting documents should you have?

  • Birth certificate of the sponsor
  • Naturalization certificate
  • Valid US passport photo page
  • Or, a copy of the petitioner’s green card
  • Marriage certificate showing the names of both spouses, place and date of the marriage
  • A joint lease or medical insurance policy/ joint bank account statement/ pictures
  • Proof of divorce, if was married before

Steps to file Form I-130:

  • While following Form I-130 instructions, mail it to the USCIS.
  • If the USCIS requires some more evidences, it can send a Request for Evidence (RFE) within 2-3 months.
  • Get the receipt within 2 weeks.
  • The approval may take 7 to 15 months.

If you find it tough to go through this step, talk to the expert NRI consultants, like Services 2NRI.

  1. Apply for green card through marriage:

This step is an ordeal for the beneficiary. The US immigration authority has separate guidelines for the natives and the foreigners in this regard. The beneficiary living outside the United States have to check the visa bulletin. If the bulletin has it together with various annual caps, he/she can fill up the Form I-485. This form shows the eligibility of the beneficiary to get a green card. The immigration authority of that country presently approves within 9 to 11 months.

Which supporting documents should you have?

  • Proof of nationality, like birth certificate and passport
  • Proof of lawful entry into the US
  • Medical examination report by the USCIS-approved doctor
  • Affidavit of Support/Form I-864 to prove the financial capacity of the sponsor
  • Fee

The steps of getting approval of the US consul will be similar to the aforementioned steps. Therefore, the processing time will be same as in the first step.

  1. Appear in the green card interview:

This step is a face-to-face interview round. If your sponsor lives in the US, he/she won’t be a part of this round. It would occur in the US embassy in the country where the beneficiary lives.  If all go well, the approval on green card through marriage will come within 2 to 3 weeks.

As said in the beginning, the consulate will try to scan your intentions. They want to assess the authenticity of your marriage. Therefore, the questions would be focused on the history of your relationship, daily activity and future plans together.

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