Immigration Attorneys Urge Eligible Applicants to File for Green Cards

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Recent advancements in visa dates and USCIS filing flexibility present a unique opportunity for Indian professionals seeking green cards, but experts warn this window may close quickly.

For Indian professionals holding work visas, two recent announcements from the U.S. Citizenship and Immigration Services (USCIS) have created an unexpected but promising scenario. The January 2026 visa bulletin revealed significant advancements in final action dates across various employment-based categories, particularly in the EB-1 and EB-5 categories for Indian applicants. Shortly after, USCIS confirmed that applicants could file adjustment of status applications using either the Final Action Dates chart or the Dates for Filing chart.

With this new flexibility, legal experts are urging eligible Indian professionals to act swiftly and take advantage of this rare opportunity. Immigration observers caution that those who qualify should file promptly to secure their place before the filing windows potentially narrow again.

The added flexibility significantly broadens the pool of employment-based applicants eligible to submit green card applications, even if their priority dates are not yet current under the final action chart. The January bulletin indicates advancements across nearly all employment-based visa categories, not just EB-1 and EB-5, which experienced jumps of nearly one year and two years, respectively. The EB-2 and EB-3 categories also saw forward movement, particularly for heavily backlogged countries like India and China.

While green card hopefuls are optimistic about these developments, there is considerable speculation in expat communities regarding the reasons behind this positive movement. Michael Valverde, founder of True North Pathways LLC, noted, “This was an unexpectedly large jump forward in the dates. It likely means USCIS is not confident it has enough cases in the queue to maximize visa usage going forward and has taken a big step to increase case filings. Lengthening processing times and increases in the number of denials have also impacted visa usage.”

Immigration experts emphasize the importance of preparation and recommend that individuals seek expert consultation for their specific cases as soon as possible. Any unnecessary delays or extended preparation periods could diminish one’s chances, as the filing window is expected to remain narrow.

“I would advise anyone who is now able to file their green card application to take advantage of the moment. Historically, significant advancements like this have often been followed by retrogression later in the year. You don’t want to miss the opportunity,” said Michael Valverde, an immigration policy expert and former associate director of operations at USCIS.

For those in the green card queue, January will be a pivotal month. The filing window opens on January 1 and closes on January 31. Eligible applicants must maximize this limited period by ensuring that all required documentation is complete and in order. Starting in 2024, USCIS will also require that applicants’ medical examinations be filed concurrently with the I-485, or Application to Register Permanent Residence, adding another crucial step to the preparation process.

Sangeetha Mugunthan of Somireddy Law Group PLLC, who specializes in talent- and investment-based visas, emphasizes the need for careful self-assessment during this unprecedented moment when both EB-1 and investor visa EB-5 categories are gaining momentum. She advises applicants to first identify their strengths and determine their eligibility. “Individuals need to initially invest time in looking back at their professional trajectory, focus on their niche areas of expertise, and list out their key achievements and contributions. It is also extremely important to carefully document everything and strongly develop their EB-1A case,” she stated.

Michael Valverde, an immigration policy expert with extensive experience in the system, succinctly summarized the situation: “Get it while you can.”

This rare opportunity for Indian professionals seeking green cards underscores the importance of timely action and thorough preparation as the window for filing may not remain open for long, according to The American Bazaar.

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