The immigration system won't allow Employment-based (EB) immigrants to file I485 to adjust their status to permanent resident until the priority date of approved I140 (immigrant petition) is concurrent. For Chinese and Indian immigrant, this means years of waiting due to the backlog caused by broken system.
Advanced degree holders with exceptional capability from China and India, who are deemed to benefit the nation, suffer from employment restriction imposed on them even with the approved I140 as National Interest Waiver (NIW). The restriction also limits the contribution of these immigrants to the national interest.
Allowing successful NIW petitioners to obtain unrestricted EAD and advanced parole while waiting for status adjustment would benefit the nation to the greatest extent.



