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Wait Time for EB-2 and EB-1 Green Card Categories from India Explained by Sophie

The article discusses the challenges of the current US immigration system and the need for reform. The author, Sophie Alcorn, a Certified Specialist Attorney in Immigration and Nationality Law, highlights several issues with the current system:

  1. Per-country caps: The current system limits the number of employment-based green cards available to individuals from certain countries, including India. This leads to long wait times and makes it difficult for talented international professionals to obtain green cards.
  2. Annual cap on employment-based green cards: The annual limit on employment-based green cards can lead to a backlog of applications and make it challenging for US employers to attract the best talent from abroad.
  3. Restrictions on spouses and children: Spouses and children of green card holders are currently subject to the same caps as principal applicants, which can create difficulties for families.

Alcorn argues that these issues need to be addressed through legislative reforms, including:

  1. Adjusting the number of employment-based green cards available: This would ensure that the number of green cards is aligned with labor market demands and US employer needs.
  2. Eliminating per-country caps on employment cards: This would reduce wait times for individuals from countries like India and allow more talented professionals to obtain green cards.
  3. Excluding international PhD graduates in STEM fields: These students are often sponsored by US employers or universities and can contribute significantly to the US economy, but they are currently subject to the annual cap on employment-based green cards.
  4. Exempting spouses and children of green card holders from the annual employment green card cap: This would allow families to reunite more easily and make it easier for US employers to attract international talent.

Alcorn emphasizes that these reforms are essential to retaining talented international students, startup founders, and professionals who can contribute significantly to the US economy.

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