Indians in the US opts for lower visa category, ignore Green Card status

Indian Master’s degree holders in the US prefer lower visa category as they get it fast though they are eligible for a green card.

The US recently advanced the priority date for EB-3 category for Indians to 2015, which is the employment-based third preference category while that for EB-2, which is for foreigners holding advanced degrees continues to be 2011. This means applications filed under the EB-3 category would be processed faster, Times Now reports quoting Economic Times.

The downgrade comes with its own risks as preference is given to immigrants in higher categories. However, many are willing to take the gamble given long wait for Indian nationals, according to an Economic Times report.

The change in priority date has started a “mad rush” to file “downgrade petitions” along with I-485 application, law expert Nandini Nair told ET. For the downgrade process, employers who have an approved EB-2 I-140 for a foreign national to refile I-40 application again.

The I-40 application which is also called an employer-sponsored green card is a petition for permanent residency. I-485 is an application to register permanent residence or adjust status.
Earlier, applicants tried to upgrade their petitions from EB-3 to EB-2 category but the revision of dates for EB-3 has changed that.

Law experts say there is still lack of clarity from the US Citizenship and Immigration Services (USCIS) which oversees the process.

Neil Weinrib, managing attorney at Neil A Weinrib & Associates told ET that USCIS treats ‘final action date’ as the basis of determining the eligibility for seeking adjustment or status or completing immigrant visa process at a US consulate in India, without providing any firm guidance on the matter. This leads to many foreign nationals to file for adjustment of status, the report said.