Immigration lawyers say the combination has created a rare opportunity for filing. Allowing applications under either chart has expanded eligibility to professionals whose priority dates are not yet current under Final Action Dates. Experts caution, however, that such opportunities tend to be short-lived.
The January bulletin shows progress across almost all employment-based categories. EB-1 advanced by nearly a year for Indian applicants, while EB-5 moved forward by close to two years. EB-2 and EB-3 categories also saw forward movement, offering partial relief to applicants from heavily backlogged countries such as India and China.
According to Michael Valverde, the scale of the advancement came as a surprise. Valverde told the American Bazaar that USCIS may be attempting to boost filings amid concerns that available visas could go unused. Longer processing times and higher denial rates, he noted, have affected overall visa utilisation.
Rare window for Indian applicants
"I would advise anyone who is now able to file their green card application to take advantage of the moment. Historically, big steps forward like this have often come with retrogression later in the year. You don’t want to miss the opportunity," he said, as reported in the American Bazaar.
Lawyers warn against waiting. Historically, large advances in visa bulletins are often followed by retrogression later in the year, tightening eligibility once again.
January is especially critical, as the filing window runs from January 1 to January 31. Applicants must ensure that all documentation is ready, including medical examinations, which USCIS now requires to be submitted alongside the I-485, or Application to Register Permanent Residence.
Sangeetha Mugunthan of Somireddy Law Group PLLC told the American Bazaar that the renewed momentum in EB-1 and investor visa EB-5 categories makes preparation essential.
"Individuals need to initially invest time in looking back at their professional trajectory, focus on their niche areas of expertise, and list out their key achievements and contributions. It is also extremely important to carefully document everything and strongly develop their EB-1A case."