EB-2 Priority Dates: Movement in FY2012 for China-mainland Born and India

Following our recent update on retrogression, we have the following news: Charlie Oppenheim, Chief, Immigrant Visa Control & Reporting in the State Department, provided AILA with further information on priority date movement in the EB-2 category for China-mainland born and India for the remainder of FY2012.

When the May Visa Bulletin is published, the China and India EB-2 cut-off will retrogress to August 15, 2007. Demand is still increasing at a very high rate and must be checked to maintain numbers for natives of other countries. As for projections for the remainder of the year, it is too early to predict movement.

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.

We advise clients to ensure that all eligible immigrant visa and adjustment of status applications are filed by April 30, 2012. 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 which is October 1, 2012. Immigrant visa availability for the new fiscal year cannot be predicted at this time since it is based on demand.