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The 2024 Visa Bulletin: EB-1 India Moves, EB-2 Stalls

December 23, 2024·One Way Editorial·~4 min read
The 2024 Visa Bulletin: EB-1 India Moves, EB-2 Stalls

For employment-based green card hopefuls, the monthly visa bulletin is appointment television, and 2024's episodes told two very different stories. EB-1 India, the first-preference category for those with extraordinary ability, outstanding researchers, and multinational executives, saw meaningful forward movement during the year. Meanwhile, EB-2, the workhorse category for advanced-degree professionals, stayed painfully stalled, backlogged not just for India and China but, since mid-2023, for the entire world. Understanding why explains a lot about how the green card queue really works.

Why did EB-1 India move?

EB-1 had historically been current for India, then retrogressed in the early 2020s as demand surged: as EB-2 waits stretched toward absurdity, many strong Indian applicants upgraded their cases to EB-1 through EB-1A extraordinary-ability petitions or multinational-manager transfers. In 2024, the State Department advanced EB-1 India dates at several points during the fiscal year, aided by unused numbers flowing down from family categories and the mechanics that let excess visas spill across preference groups. Movement was measured in months or a couple of years of priority dates at a time, not a clearing of the queue, but for a backlog measured in decades elsewhere, it counted as good news.

Why did EB-2 stall?

Simple arithmetic. The EB-2 annual worldwide supply is roughly 40,000 visas, with a 7 percent per-country ceiling that crushes India and China. Then came the demand shock: the surge of EB-2 National Interest Waiver filings after the 2022 policy guidance flooded the category with approved petitions from every country. By mid-2023, EB-2 retrogressed for the whole world, a rarity, and through 2024 the worldwide date crept forward only slowly while India's date remained anchored years in the past. More demand, fixed supply, immovable per-country caps: the stall was baked in.

The structural problem nobody fixed

The 2024 bulletin dramatized the system's core flaw: green card numbers were set by Congress in 1990 and have barely changed since, while the economy and applicant pool tripled in sophistication and size. A merit-based system that approves a brilliant researcher's petition and then tells her to wait a decade or more for a number is not merit-based in any meaningful sense; it is a lottery of birthplace and paperwork timing. Recapturing unused numbers or raising per-country caps would help, but every legislative vehicle has died, including the 2024 border bill that carried modest visa additions.

What this means for you

Strategy matters more when supply is frozen:

The 2024 bulletin's split screen, EB-1 inching forward while EB-2 sat frozen, was a reminder that in employment immigration, the petition is only half the battle. The number is the other half, and until Congress modernizes the supply, smart category strategy is the closest thing applicants have to a fast lane.

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