As we reported in the
March 2012 issue of the Immigration eAuthority, the
U.S. Department of State (DOS) announced that, effective March 23,
2012, no further EB-2 category immigrant visas will be authorized
for China-mainland born and India applicants with priority dates
later than August 15, 2007. On April 23, 2012, the DOS announced
that the annual limit for the China-mainland born and India EB-2
categories has in fact been reached and, therefore, no green card
applications in these categories will be approved until the
beginning of the new fiscal year, which is October 1, 2012.
Factors causing the retrogression and subsequent unavailability of
immigrant visas include not only an increase in demand for
immigrant visa numbers in the EB-2 category, but also higher demand
than in 2011 for visa numbers in the EB-1 (Employment-Based first
preference) category. This means that there are fewer, if any,
unused EB-1 visa numbers that will "trickle down" to the
EB-2 quota. Once the immigrant visa numbers are exhausted for the
fiscal year, new immigrant visa numbers are not available until the
beginning of the next fiscal year.
The U.S. Citizenship and Immigration Services (USCIS) has confirmed
that it will continue to accept adjustment applications
received for aliens with priority dates prior to the dates
established in the April and May 2012 Visa Bulletins. However,
requests from USCIS service centers and field offices for visas in
the China and India EB-2 category will be retained by the DOS for
authorization in FY 2013, beginning on October 1, 2012.
Ogletree Deakins will continue to work with eligible EB-2 Chinese
and Indian nationals with current priority dates to ensure that
their immigrant visa and adjustment of status applications are
filed and received by USCIS by April 30, 2012. Those with priority
dates later than the cut-off date specified in the Visa Bulletin
will be unable to file until a visa number becomes available.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.