Monday, March 19, 2012

EB-2 EXPECTED TO RETROGRESS


For the last several months, the EB-2 immigrant (green card) visa numbers have progressed in a dramatic way. Indian and Chinese nationals with priority dates of 01MAY2010 or earlier are eligible to file their I-485 Applications. The November 2011 Visa Bulletin's EB-2 dates for India and China were 01NOV2007. This progression of priority dates has allowed many Indian and Chinese natives to file their I-485, Applications for Adjustment of Status.

This steady movement of priority dates is expected to end on either May 1, 2012 or June 1, 2012. At the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed AILA Members that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin. This reflects the fact that many I-485 Applications have been filed since November 2011, taking advantage of these favorable priority dates.

All EB-2 Chinese and Indian natives with priority dates of 01MAY2010 of earlier are encouraged to file their I-485 Applications for Adjustment of Status before the inevitable retrogression in May or June.

3 comments:

  1. Hi Chris I'm confused

    If the current priority date is 01 May 20110 for the EB-2 why isn't it retrogressed to that date how can it go back to 2007

    Surely it should be the last person not eligible with a date up to around say May 2010???

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  2. @Lanyu:

    This speaks to two things: (i) there is a lot of uncertainty in the system -- many people drop out/fail to file their AOS or CP / there were additional EB1 filings this year / etc and (ii) the DOS (which sets the PD numbers) always wants to be conservative. If I had to guess I would say that once the EB2 number moves back to 2007, it will stay there through September, then when the new fiscal year starts (Oct 1) it will aggressively move back into 2010.

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  3. Thousands of applicants will be affected with their no fault. I hope rather than proving a Cut-off date. They should provide a number after allowing the Adjustment of status soon after the I-140 Approval(that you are in line), and and then keep approving as per their term, according to current law. I hope then this will simplify the process. There will be no guess work.

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