The nationals from India and China are temporarily barred to receive EB-I visa. The US State department declared that they are not processing the EB-I visa from Indian and Chinese residents till October this year.
As per the immigration lawyers, the EB-I visa are given to three categories of applicants that is: those with some extraordinary capabilities in the fields of arts, science and business, professors and investigators (scholars), and multinational business administrators. There is a limit in granting EB-I visa that is it is limited to 40,135 in this year, and only 7% of the immigrants of any country could get EB-I visa.
At present, there are too many Indian and Chinese nationals trying to get EB-I visa which is why it is exhausting. Earlier the same thing was happened in the year 2007. In the words of an Immigration Lawyer, David Parker, “Why do we continue to artificially limit this program?" "It defies logic that we are turning away extraordinary and outstanding artists, scientists and business people from India and China”.
Indian professionals use H-1B visa for migrating to the US, but demand for it is much higher than its annual limit. To avail H-1B visa the employees have to be sponsored by any firm or employer and lottery system is used to grant the visa. But this year, only within five days the demand for H-1B visa have crossed the whole year’s provision and the US government have granted the H-1B via through a system generated lottery.
According to Shah Peerally, a head of an immigration law firm in California, the EB-1 visa is a small hope for people as they see it as a light at the end of a tunnel.
Anita Krishnan, an Indian violinist was disappointed on not getting EB-1 visa for “extraordinary ability”. She says that it is not possible for a musician to find an employer to sponsor them to get H-1B visa, so she was dependent of EB-1 visa to migrate to US for working there. She mentioned that she came to US for her studies and has to repay her loans, which an impediment.
This restriction on EB-1 visa will reset when the US government’s fiscal year will start from October 1st, but Krishnan fears that the candidates from India and China will get the chance again.
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