EB1A Backlogged?!! - Why you should not panic... EXPLAINED

Today I just woke up to a ping on my phone about a visa bulletin update that showed that the Priority dates for EB1A have retrogressed to 2012. Now, I know you might have a lot of questions going on in your mind, so I’m writing this first thing this morning to help you understand what this practically means for you. A lot of people are panicking. This has a lot of nuances to understand exactly why you need not panic, so read this fully till the end. I’ll be quick and to the point, as with all my other content, I promise.

Now, Before anything else, I need to quickly mention to you that I am not an attorney, and nothing I say is legal advice. I’m writing this purely from personal opinion and experience helping folks build their EB1A profiles successfully and my deeper conversations this morning with top-ranking attorneys that have partnered with us at the Smart Green Card Program.

Okay so, let’s dive in.

For those who don’t know what a Priority date is, please watch one of several videos on my Youtube channel on the topic. You know, in simple terms, its essentially just your spot in this whole green card line, and it keeps moving forward or backward based on the demand in any given month.

For the past few months, this final action date for EB1A has hovered around 12 to 15 months backlog, versus a 12 year backlog or more for EB2 and EB3. But today, the August 2023 bulletin came out and the EB1 backlog reads 144 months. This is what we are talking about.

Firstly, from experience I can tell that such large movements in EB1 Priority Dates might be a new thing to you, but this is not uncommon. I myself have been through one such scenario in exactly the same month a few years ago. My PD was current when I applied in January, but around August, there was a 3 to 4 year backlog that appeared on the Visa bulletin, but then truth is I got my green card after about 7 months.

Given my personal experience, What does this retrogression really mean for you - I have a theoretical explanation and a practical explanation. Let’s dive deeper into both.

Theoretically, if you read the bulletin carefully, USCIS themselves have told that the reason it is backlogged to 2012 is that there are a lot of people with older PDs ported to EB1, and the oldest priority date on there is 2012, which is why specifically 2012 was chosen till the end of this fiscal year, i.e. October 2023.

They have also mentioned that there is a “high likelihood” that in October, which is the start of the next fiscal year, it will return at least to the levels of July 2023 bulletin, which is a nominal 12 to 15 month backlog.

USCIS is generally very conservative with their guidance and transparency. Despite that, them giving this specific guidance is giving me all the reasons to believe that this is a temporary thing, just so that they can get rid of the older priority dates that have upgraded into the EB1A category and move on to the newer ones.

But Practically,?

The real question you need to ask is - Despite everything, What are your other options, and does the EB1A still present itself as the best option? Let’s unpack that a little.

Look, EB1 PDs move a lot. That’s the truth. I am an example, where [like I said] there was a 3 year on paper backlog that got reduced to 5 months in a few months.

Also, This backlog queue for any category only factors in the people that got their I-140s approved, AND filed the I-485 final step while their PD was current. Now, Unlike EB2 and EB3 where virtually anyone that applies with an ordinary profile through their employer gets their I-140 approved, and enters the queue, its not a surprise that the EB1A is infinitely harder to get the I-140 approved, which is why people spend several months and years building their profile and take programs like ours to help them get there. Plus, it is evident that USCIS is tightening scrutiny and standards for even I-140 approvals for EB1A. So its not a park that everyone can just walk into.

So anyone and everyone that tries for EB1A does not even get into the backlog, let alone clog it. They have to qualify and get their I-140 approved which currently there is a less than 50% approval rate overall, unlike the EB2 and EB3, which is in the high 80s or even 90% approval rate. Historically, EB1 PDs are much more volatile, so it is logical to infer that EB1 priority dates move much quicker and jump farther than EB2 or EB3 for all the reasons I mentioned. So, given this, I think comparing it to EB2 and EB3 saga is a bit of an apples-to-oranges comparison, which we shouldn’t break our heads behind.

But the more important thing to remember is - the preparation meeting opportunity. Remember you saying “oh I wish I was born a decade sooner so I would not have to face EB2 backlogs”, or more recently, “I wish I knew this a few years ago so I could have used all my past opportunities for my EB1A” - This is another such moment.? Objectively looking at the data, and what USCIS is telling, it is clear to me that this is temporary, could last till October. You don’t want to be the one that isn’t able to strike immediately when the iron (Priority Date) is hot (current) again, just because you lost hope and stopped all your prep swinging to the beats of a visa bulletin which itself has proven time and again that it is volatile.

If I thought there was a backlog and immediately stopped all my prep, I wouldn’t have had a GC now, and every other opportunity that came with a Green Card. I was in your exact same shoes a few years ago and I urge you to use my journey as evidence to believe in yours.

And lastly, not to leave out the career ramifications of this. I know this doing it myself and also helping out hundreds of folks in the Smart Green Card program, by the time they are done, they are about 3 to 5 years more advanced in their careers than they would otherwise have been. And almost everyone has changed their jobs immediately to at least 2 levels above whatever they were at and commanded a 30-50% raise in their pay. You will only connect the dots looking backwards, in the end, it definitely is worth it in all ways. So I urge you to not be myopic and if you are on an immigrant journey like us, the EB1A is still an all-rounder vehicle to boost your professional and immigration journey, two birds killed with the same stone called EB1A.?

Also I put out daily quick videos that help you in your EB1A journey, so please subscribe to my Youtube channel to get notified when they are out. You can anytime visit smartgreencard.com for the latest information, and if you have any questions, my team and I are here to help you. Just drop your questions in the comments or email [email protected].

Rooting for you,

Cheers!