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.
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