![]() Many more of the children of these backlogged immigrants would also be able to protect their age if the date for filing is made current. Spouses and minor children can also avail of work authorization and travel permission after they file their I-485 applications. Mehta: By being able to file I-145 applications, skilled foreign workers caught in the employment-based backlogs can get ameliorative relief such as an employment authorization document (EAD), travel permission and be able to exercise job mobility under INA section 204(j). One easy fix is to advance the Dates for Filing to current so that many more backlogged beneficiaries of approved petitions can file I-485 adjustment of status applications.Īnderson: What would be the impact of this change? The dates under the Final Action Dates determine when the green card can be issued to the foreign national, while the Dates for Filing indicate when the foreign national can file an I-485 application for adjustment of status. Mehta: The State Department Visa Bulletin consists of dual dates–Final Action Dates and Dates for Filing. If wages are impacted due to a lack of job mobility, it obviously will affect competitiveness, and if startups cannot proliferate through the ingenuity and talents of foreign nationals, there will be less job creation.Īnderson: You have written that the State Department and the Biden administration could provide relief by changing the dates in the Visa Bulletin. They also often cannot form their own startups if they have not obtained permanent residence. A promotion could result in restarting the sponsorship process through the employer. Mehta: Skilled and talented foreign workers are limited in advancing their careers and job mobility. Still, India bears the brunt disproportionately in the employment-based categories, and the estimated wait time in the India EB-2 category is at least decades-long.Īnderson: What problems are caused by the long wait for permanent residence? How does it affect competitiveness and job creation? Due to the per-country limits, until recently, it was only India and China that were backlogged in the employment-based preferences, but now, under the August 2023 Visa Bulletin, all countries face backlogs.
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