The visa bulletin for October 2022 has been released, and the EB-2 India category has retrogressed to April 1st, 2012, shockingly. There was a rapid movement of EB-2 in 2020 and 2021 due to family quota green cards being rolled over to employment-based quota green cards as many US embassies and consulates were closed in 2020 and 2021.
Typically, family-based green cards are issued through US embassies and consulates, while employment-based green cards are issued through the i-485 adjustment of status process in the USA.
The number of green cards issued to EB-2 India is approximately four thousand green cards per year while hundreds of thousands of EB-2 India applications including spouses and children are pending. EB-2 India seems to be permanently frozen between 2012 to 2014 for the next decade.
The H.R.3648 - EAGLE Act of 2022, which will remove the discriminatory per country quota, will come to vote in the US House of Representatives soon. However, it faces significant hurdles in the US senate as major American companies and Indian implementation partners constantly lobby to prevent this bill from passing in the Senate. In the past twelve years, similar immigration bills have been introduced again and again in congress without success.
One option for an EB-2 employee is to apply for a project manager or a lead position in a new company where they would manage a minimum of four to five resources and get the new company to apply for the EB-1 category. However, this would usually require the employee to exit the United States and work in a branch office of the company in Canada, Mexico, Europe, or India for one year and return to the USA as a multi-national manager in the L-1A category.
The more straightforward option is the EB5 Investment Green Card Category. Most H-1B employees already have three hundred to five hundred thousand equity in their houses. A second IT remote project can supplement the savings required to reach the eight hundred thousand needed for the EB5 program.
An IT consultant can do two or three remote projects depending on how well they manage their daily schedule. In 2012, earning $120,000 per annum in IT consulting wasn't easy. A quarter-million dollars annual salary is very average in IT consulting in 2022.
When the IT job market is booming, it is not a good move to be stuck in a hundred and twenty thousand full-time jobs. The money is in IT Consulting and not in full-time IT jobs. A full-time H-1B employee can do a second IT consulting remote project through concurrent H-1B.
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