EB-1 Backlog Continues for Fiscal Year 2019

EB-1 Backlog Continues for Fiscal Year 2019

EB-1 Backlog Continues for Fiscal Year 2019 849 565 Candice Garrett

The EB-1 visa backlog remains unprecedented in scope. Note, this category includes EB-1A, Extraordinary Ability; EB-1B, Outstanding Professors and Researchers; and, EB-1C, Intracompany Transferees serving in a managerial or executive capacity. The backlogs are particularly acute for those born in India and China.

During a recent meeting with the American Immigration Lawyers Association (AILA), Charles Oppenheim, Chief of the Visa Control and Reporting Division at the U.S. Department of State, remarked that demand levels across all countries in the EB-1 category remain high.  In fact, more EB-1 visas have been issued this fiscal year than for any other employment-based category.  EB-1 usage is approximately 25% higher than the EB-2 and EB-3 categories.  Unfortunately, China and India have been negatively impacted by the increased demand because both have historically benefited from the availability of otherwise unused EB-1 visa numbers from other countries.

Mr. Oppenheim warned that we should not expect movement for EB-1 China and India Final Action Dates.  Movement for these two countries would only be possible if EB-1 worldwide demand slows to a level that would allow for the allocation of otherwise unused numbers to them. Based on current trends, worldwide demand is unlikely to slow enough to benefit backlogged EB-1 China and India nationals in the foreseeable future. Mr. Oppenheim predicts that EB-1 Worldwide Final Action Dates could remain stagnant or possibly move as much as one month per calendar month. Mr. Oppenheim could not conclude whether this elevated demand represents a bubble that will be processed and then dissipate quickly or if it is an ongoing consistent demand trend.

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