Dear Curious Co-Founder,
Key Takeaway
The October Visa Bulletin marks the start of FY 2024 and provides important information about the availability and advancement of green card categories. USCIS will accept employment-based adjustment of status based on the date of filing, enabling more people to take the final step in their green card process. Navigating the H-1B visa and EB-2 green card transfer process can be complex, so it’s crucial to work with an experienced immigration attorney to develop a timely immigration strategy.
Last week, the U.S. Department of State (DOS) published the October Visa Bulletin, which marks the start of the new federal fiscal year, FY 2024. This bulletin is significant because it provides important information about the availability and advancement of green card categories, including the H-1B visa and EB-2 green card transfer process. Let’s dive in and explore these topics in detail.
The Visa Bulletin and Employment-Based Green Cards
In FY 2024, approximately 165,000 new employment-based green card numbers will be available. The good news is that many green card categories will advance or at least remain the same this October. This means there will be more opportunities for individuals to take the final step in their green card process.
The U.S. Citizenship and Immigration Services (USCIS) has announced that it will accept employment-based adjustment of status (Form I-485) based on the date of filing. This is later than the final action date and will enable more people to file their I-485. For example, the date for filing for adjustment of status for an EB-2 category green card for individuals born in India is May 15, 2012, while the final action date for individuals in the same category is January 1, 2012. So, someone who got a priority date of May 15, 2012, would now be able to file their I-485.
However, navigating the H-1B visa and EB-2 green card transfer process can be complex. It’s important to work with an experienced immigration attorney who can help you develop a timely immigration strategy for your startup’s prospective hire.
The H-1B Visa and EB-2 Green Card Transfer Process
The H-1B visa is a specialty occupation visa for individuals with specialized knowledge or expertise. It allows foreign workers to work in the United States for a specific employer for a maximum duration of six years. Meanwhile, the EB-2 green card category is for individuals with an advanced degree or exceptional ability.
In certain circumstances, individuals facing delays in filing for adjustment of status can change jobs or employers while waiting for their green card. This flexibility is provided by the American Competitiveness in the 21st Century Act of 2000 (AC21). AC21 also allows employers to renew an employee’s H-1B visa beyond the maximum six-year stay if the individual is at certain stages of the green card process.
When deciding between the H-1B visa and EB-2 green card, several factors need to be considered, such as the individual’s qualifications, the long-term goals of both the employee and the employer, and the current immigration landscape. An immigration attorney can help you assess these factors and determine the best course of action.
