Cap on EB-1 visas for highly-skilled Indians and Chinese

The EB-1 visa is an employment-based permanent visa for highly-skilled immigrants in the US falling in a preference category.

EB-1 is intended for immigrants with extraordinary abilities such as outstanding researchers or professors, and certain managers and executives at foreign/multinational organizations.

It is meant for the "best and brightest" in the world aspiring to become permanent residents and eventually citizens of the US.

The US State Department has announced that an upper limit on accepting EB-1 visa applications from Indians and Chinese would be imposed soon.

It is for the first time in about nine years that a decision to limit the prized US citizenship for skilled immigrants has been taken.

This move could affect the current work authorization of some highly-skilled workers in the US.

As of now (July), the priority date for approving EB-1 is 'current' - which means that the applications would be considered immediately.

However, from Aug'16, the priority date for EB-1 visa applications from Indians and Chinese would be set to 1 January 2010.

It means that only those applicants who have submitted applications before 1 January 2010 would be considered for this year.

Employees on a time-limited, non-extendable US visa and waiting for EB-1 might find themselves being forced to leave after their time gets over.

EB-1 allocations begin once again on 1 Oct'16; Indians and Chinese, whose visas still have time, aren't likely to face any problem.

EB-1s for 2017 would become available from October when the priority date might be set back to current.

The number of EB-1s available in each year is limited; the exact EB-1 limitation for each country isn't precisely stated as it depends on some varying factors.

The surge in applications from one country could reduce the number of applications available to another country.

EB-1 has been considered the most reliable and quickest manner to get permanent authorization to work in the US.

Changing to permanent residency is the first step gain citizenship, and it doesn't need employer sponsorship, or renewing or extending a visa.

Experts advise employees to do everything possible to gain the eligibility for EB-1 visa.

Strategies to obtain the same include working for highly-valued organizations, getting promotions to managerial posts outside the US, getting published in reputed publications, etc. before applying for EB-1.