April 7, 2011

Movement Expected in EB-2 Numbers for Indian Nationals in May 2011

The U.S. Department of State (DOS) has indicated that the May 2011 visa bulletin will show significant advancement for priority dates in the employment-based 2nd preference (EB-2) category for Indian nationals.  This will hopefully mean the end of a long wait for many Indian nationals with advanced degrees.

The number of immigrant visas by nationality (country of birth) are limited each year. A foreign national cannot file an adjustment of status application, or have a pending application adjudicated, until their priority date is current and an immigrant visa number is available. The priority date, or place in line, is established upon commencement of the permanent residence process, usually through the filing of a PERM application with the U.S. Department of Labor.  For countries such as India, with a significant volume of immigrant visa applicants, a shortage of immigrant visas has developed over the years creating a substantial backlog. Due to a dramatic reduction in the use of employment-based first preference (EB-1) numbers, the DOS has announced that those unused numbers, approximately 12,000, will be available for drop-down into the EB-2 category for Indian nationals.  Since the EB-2 category for Indian nationals has the largest backlog, the DOS intends to use the unused numbers for this category.

We will not know what the EB-2 cut-off date will be until the May 2011 visa bulletin is available.  However, this anticipated forward movement in the numbers for Indian nationals in the EB-2 category will mean that those Indian nationals in the EB-2 category with pending applications can expect adjudication of their applications. It will also mean that many will have the opportunity to file adjustment of status applications if their priority date becomes current.

The DOS has warned that this temporary rapid advancement in numbers will not last and that the numbers for EB-2 Indian nationals could change later this year, possibly moving backward again when the new fiscal year starts on October 1, 2011.

GTLAW will continue to monitor the EB-2 movement for Indian nationals and will provide updates as the new May 2011 Bulletin is released.