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Business Standard
6 days ago
- Business
- Business Standard
US Visa Bulletin Sept 2025: Indian employment-based green cards may freeze
The US State Department has released the September 2025 Visa Bulletin, setting out immigrant visa availability for the final month of the fiscal year. While most employment-based (EB) green card categories for India remain stuck and could become unavailable by the end of September, Indian family-sponsored F2A applications are still open for filing. Family-sponsored category stays open for Indians Indian lawful permanent residents can continue submitting green card applications for their spouses and minor children under the F2A category. The Dates for Filing remain current at 1 June 2025 for all countries in September, allowing immediate submission of adjustment of status applications. However, the Final Action Date for this category is 1 September 2022. This means applications can be filed now, but will only be approved once visa numbers are available. Employment categories risk hitting the limit The Visa Office has warned that most employment-based annual limits may be reached in August and September 2025. If this happens, affected categories will become 'unavailable' until the new fiscal year begins on October 1, when fresh visa allocations are released. High demand and steady use of employment-based immigrant visa numbers this year are behind the potential freeze. Possible EB-5 backlog for India and China 'The US Department of State has issued a warning indicating that EB-5 visa categories for India and China may soon face retrogression or backlogs,' Sukanya Raman, immigration attorney and country head at Davies and Associates law firm told Business Standard. 'If this materialises, concurrent filing—which currently allows applicants to file for Employment Authorisation (EAD) and Advance Parole (AP) alongside their I-526E petition—will no longer be available to Indian-born applicants.' She noted this would be a major change for those already in the US on non-immigrant visas, particularly applicants in unreserved EB-5 categories from high-demand countries. 'While the EB-5 Reform and Integrity Act of 2022 introduced reserved visa categories — including Rural, High Unemployment, and Infrastructure — to promote investment in targeted areas, and these categories have generally remained current, even some reserved categories may experience backlogs due to rising interest and demand,' Raman said. India's employment-based final action dates unchanged For September, India's EB green card Final Action Dates are unchanged: EB-1: 15 February 2022 EB-2: 1 January 2013 EB-3 (Professionals/Skilled Workers): 22 May 2013 EB-3 Other Workers: 22 May 2013 EB-4: Unavailable EB-5 (Unreserved): 15 November 2019 EB-5 Set-aside categories (Rural, High Unemployment, Infrastructure): Current How the Visa Bulletin works The US Visa Bulletin is the US government's monthly update that tells applicants when they can file or expect a decision on their green card applications. It has two main tables: Dates for Filing: The earliest date applicants can submit their adjustment of status or immigrant visa applications. Final Action Dates: The date when an application can actually be approved, based on visa availability. For employment-based adjustments, applicants can only file if their priority date is earlier than the date listed for their category and country in that month's bulletin. Family-sponsored final action dates for India – September 2025 F1 (Unmarried sons and daughters of US citizens): 15 July 2016 (unchanged) F2A (Spouses and children of permanent residents): 1 September 2022 (unchanged) F2B (Unmarried sons and daughters, 21+ years, of permanent residents): 15 October 2016 (unchanged) F3 (Married sons and daughters of US citizens): 1 August 2011 (unchanged) F4 (Siblings of adult US citizens): 1 November 2006 (unchanged) Family-sponsored dates for filing for India – September 2025 F1: 1 September 2017 (unchanged) F2A: 1 June 2025 (was 1 April 2025) F2B: 1 January 2017 (unchanged) F3: 22 July 2012 (unchanged) F4: 1 December 2006 (unchanged) What is the Visa Bulletin? The Visa Bulletin is published monthly by the US Department of State. It helps green card applicants understand when they may move forward in the process. Here's how it works: Dates for Filing: If your priority date is earlier than this date, you can submit your application paperwork, though your green card won't be issued yet. Final Action Dates: If your priority date is earlier than this cut-off, your application can be processed and potentially approved. Applicants already living in the US may submit an adjustment of status application when their priority date is current. Those living abroad must apply for an immigrant visa through a US consulate.
Time of India
7 days ago
- Politics
- Time of India
Read US immigration authority notice that has created panic as H-1B children may lose Green Card under new rules
Recently, USICS has updated the policy on CSPA (Child Status Protection Act) age calculation triggering widespread concern among the Indian families on H-1B and other employment-based visas, as it could prevent their children from obtaining a green card. The new which will come into effect starting August 15, redefines how a child's age is calculated under the Child Status Protection Act (CSPA) and the new calculation method could result in thousands of children 'aging out' of green card eligibility once they turn 21 — even if their parents' petitions are still pending. USCIS updates policy on CSPA age calculation: Here's what has changed Effective from August 15, 2025, USIC will now use the Final Action Dates chart from the Department of State's Visa Bulletin to determine when a visa is considered 'available' for CSPA age calculation. Earlier, under a more lenient February 2023 policy, USCIS used the Dates for Filing chart, which allowed more children to lock in their age and remain eligible for permanent residency. 'We are updating the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin. The new guidance applies to requests filed on or after August 15, 2025. We will apply the Feb. 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025, as these aliens may have relied on that policy when they filed,' reads the notice. Impact on Indian families Experts suggest that in most of the cases the final action date is way behind the date of actual filling. So, with this new rule coming into effect many children will turn 21 and lose the eligibility before their family's green card petition is finalised. As reported by the Cato Institute, Indians make up to 62% of employment-based green card backlog and millions of petitions are pending since March 2023. Immigration experts also warn that the new disproportionately affect Indian children who have grown up on the US but will now be forced to leave the country once they turn 21. 'Generally, an unmarried alien child must be under age 21 to obtain lawful permanent resident status in the United States based on their parent's approved petition for a family-sponsored, employment-based, or diversity visa. If they turn 21 and age out during the immigration process, they generally are no longer eligible to immigrate based on their parent's petition. Congress enacted the CSPA to protect certain alien children from losing their eligibility for lawful permanent resident status based on an approved visa petition. The CSPA provides a method to calculate the alien's age that considers when an immigrant visa number 'becomes available,' adds the notice by USCIS. Sukanya Raman, country head of Davies & Associates, an immigration firm told Economic Times, 'More children are at risk. The final action date is often years behind the filing date, and many will lose eligibility before a visa becomes available.' The ET report also revealed that the immigration law firms are witnessing a surge in calls from anxious parents who are seeking clarity and are also looking for options. 'Most of the calls have been about what their status is and the way forward,' said Gnanamookan Senthurjothi, founder of Visa Code. 'For some families, it's a matter of staying in the U.S. or returning — even if one child can't stay legally.' Alternatives for families With the new rule taking effect in just a few days, experts are advising families on potential alternatives. Experts advise the families to file for the process before August 15 which will enable them to lock the age under the older policy. Apart from this, they can also apply for student visas (F-1) or employment visas (H-1B) for children who will soon turn 21. The families can also consider EB-5 investment visas, which offer a separate path to residency. AI Masterclass for Students. Upskill Young Ones Today!– Join Now
Time of India
07-06-2025
- Business
- Time of India
Amid H-1B uncertainty and layoffs, immigration experts say demand for L-1 and O-1 visas has gone up as they do not have ...
Representative Image Indian professionals and their employers are increasingly exploring alternatives to H-1B visas, such as L-1 and O-1 visas, amid stricter scrutiny of H-1B applications and ongoing tech layoffs in the US, according to immigration experts cited by the Economic Times. Demand for EB-5 immigrant investor visas has also surged, with a 50% increase since January 2025, noted Sukanya Raman, country head - India & GCC practice team at Davies & Associates LLC. 'These are in current status for Indian nationals, meaning visas are available, and they can receive authorization and travel documents in 3-6 months,' she told ET, highlighting their appeal for Indian families on H-1B visas whose children are nearing 21 and at risk of aging out. USCIS data shows a 27% year-on-year drop in shortlisted H-1B visa applications this year, the lowest since FY21, with the US approving 85,000 H-1B visas annually, of which Indians secure about 70%. The new Trump administration's tightened H-1B scrutiny since early 2025, combined with layoffs at tech giants like Microsoft, Google, and Intel, has heightened anxiety among Indian professionals. 'Our clients are more fearful, especially about international travel and visa 'stamping' at consular posts abroad,' Joel Yanovich, an attorney at Murthy Law Firm, told the publication. 'I don't think a day goes by without clients asking if it's safe to travel.' This has driven demand for L-1 visas (for intracompany transfers) and O-1 visas (for individuals with extraordinary abilities in fields like science, arts, or business), which lack the annual caps of H-1B visas. 'Part of this spike is seasonal, tied to those not selected in the H-1B lottery, but it also reflects employers and individuals aiming to avoid anticipated H-1B scrutiny,' Yanovich said. Some companies are transferring employees to countries like Canada temporarily to qualify for L-1 visas, which can lead to EB-1C green cards for managers, Raman explained. Others are pursuing EB-2 NIW (National Interest Waiver) visas for those with advanced degrees working in the US national interest, she added. Gnanamookan Senthurjothi, a US immigration attorney, told ET that the number of people seeking assistance for these visa options has risen in recent months.
Indian Express
07-06-2025
- Business
- Indian Express
All about Ohio bill seeking to restrict property rights of Green Card holders
Ohio lawmakers last month introduced two Bills seeking to prohibit foreign nationals and certain categories of Green Card holders from buying land near military installations and critical infrastructure. This came amid a larger trend in recent years of Republican-controlled US states moving to restrict the property rights of non-citizens citing concerns over national security and the necessity of controlling 'foreign influence'. A growing trend The Permanent Residency Card, more commonly known as the Green Card, gives holders the right to permanently live and work in the United States. As such, Green Card holders enjoy the same property rights as US citizens. But growing national security and economic concerns have prompted both federal and state lawmakers to scrutinise the ownership of American land by non-citizens. Between January 2023 and July 2024, at least 22 states enacted legislation restricting or regulating the purchase of agricultural land, critical infrastructure, and in some cases, residential or commercial property by foreign nationals, entities, or governments, said Sukanya Raman, country head, India of US-based immigration firm Davies & Associates LLC. Broader in scope The Republican-sponsored House Bill 1 and Senate Bill 88 in Ohio propose a 25-mile (roughly 40 km) restriction zone around military bases, power stations, water treatment plants, gas pipelines, and transport facilities. This list is broad enough to 'effectively blanket the entirety of the state of Ohio,' one Republican senator told local media. The Bills are also broader in scope than similar legislation enacted in states like Florida, Texas, Montana, and Utah. These states' laws have targeted designated 'foreign adversary' nations such as China, Iran, Russia, or North Korea, unlike the Ohio Bills which propose restrictions on all Green Card Holders, regardless of their country of origin. That said, provisions in previous drafts of the Bills requiring existing landowners from 'foreign adversary' countries to sell their property within two years have now been dropped. Legal challenge likely The Ohio Bills are still in their early stages, and could change significantly as they are put to vote in the state legislature over the coming months. But if passed in their current, maximalist form, they would restrict land ownership by all non-citizens, including legal permanent residents. This would be unprecedented in the US. To date, no federal law prohibits Indian Green Card holders from purchasing or owning land in the country. Under the Equal Protection Clause of the 14th Amendment, Green Card holders are entitled to due process and equal protection under the law. Any law or policy that discriminates against them based solely on immigration status may face constitutional challenges and be struck down, Raman says.
Economic Times
25-05-2025
- Politics
- Economic Times
Indian parents face uncertainty over US citizenship for newborns
The wait for temporary US visas for soon-to-be-born babies of expectant Indian moms has just gotten longer, immigration lawyers told ET. The challenge to the Presidential executive order on birthright citizenship is still awaiting a decision in the Supreme Court of the US (SCOTUS). Trump's executive order puts the US citizenship of unborn children of foreign nationals including Indians on temporary visa in limbo. This has caused much anxiety among the expecting Indian parents as they throng immigration attorney offices to seek further counsel. While some are even considering shifting to those states that do not recognize the Trump order as of now, an attorney, who did not wish to be identified, told ET."The scenario for Indian nationals on temporary visas expecting children in the US is quite uncertain. Depending on the jurisdiction, children born in the US may or may not automatically acquire citizenship," said Sukanya Raman, country head, Davies and Associates. "This is complicating decisions around childbirth and long-term residency planning." (Join our ETNRI WhatsApp channel for all the latest updates) According to experts, about 1.5 lakh newborns annually could be denied US citizenship if the order comes into effect. Many foreign nationals have in the past used the US' birthright citizenship path to gain legal entry for their offsprings. This has given way to "birth tourism" which refers to the practice where foreign nationals travel to the United States on visitor visas with the primary intention of giving birth. This ensures their children automatically acquire US citizenship under the 14th trend has been particularly common among women from countries like Russia, China, and Nigeria, said experts. "Recently, a growing number of Indian nationals have also pursued this route," said an SCOTUS deliberations, which started on May 15, primarily focused on the scope of nationwide injunctions rather than the constitutionality of executive order itself, said experts. Despite being a smaller share, Indian families could be deeply impacted by changes to birthright citizenship laws, given the large number of Indian nationals on temporary visas, say experts. "Our firm has been receiving a continuous flow of inquiries from Indian nationals ever since Executive Order 14160 was announced," said attorney Prachi Shah who runs her eponymous firm. Expecting parents on H-1B, H-4, F-1 and OPT visas are queueing up at the immigration lawyers' offices. There is widespread anxiety in the Indian diaspora, said lawyers."The executive order is quite egregious," said Rajiv Khanna, managing attorney, some parents, it's devastating because to have a child in the US after decades of living here and not have them be a US citizen is ridiculous," he usually takes 10-15 years for people to get a green card in the US for people who are here legally."The outcome of the hearing is not clear as to what is going to happen," said Khanna."The US Census doesn't collect statistics on the legal status of parents, but roughly 21-25% of babies have at least one foreign citizen parent," said Jath Shao, principal attorney, Shao Law Firm."The Trump administration's strategy seems to be arguing technicalities and wanting to impose their changes and make all the individual states and plaintiffs fight it," said Shao.
