EB-2 Green Cards: Bad News for India and China

Priority date retrogression confirmed for India and China EB-2 green cards for advanced degree professionals

The Department of State (DOS) has just released its May Visa Bulletin and, as predicted, the EB-2 category for India and China will retrogress to August 15, 2007 as of May 1, 2012. Currently, the priority date for that category for both India and China is May 1, 2010. This is a huge retrogression and an added source of frustration for the many talented professionals with an approved PERM and/or I-140 waiting patiently in line for the green card. The current difficult situation is not expected to change until the start of the new fiscal year on October 1, 2012.

Charlie Oppenheim, Chief, DOS Immigrant Visa Control & Reporting, says that demand for the EB-2 numbers is high due to the progression of EB-2 dates from November 2011 – April 2012. USCIS has informed Mr. Oppenheim that they will continue to “preadjudicate” adjustment applications received through April. The “preadjudicated” cases will be held by the State Department in the “pending” demand file. That way, the cases will be ready in October, or earlier, if the current number use pattern changes, and they are needed at the end of this fiscal year to assure utilization of the full employment-based permanent resident visa allocation.

Article categories: Employer-Based Immigration Law, Immigration Policy and Legislative Initiatives

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