Due to
the unprecedented demand for EB-2 India immigrant visa (IV) numbers, foreign
nationals with priority dates between November 2004 and June 2008 may not have
had their cases processed to completion last month. November's available
numbers were exhausted earlier than expected, according to the State Department
official responsible for visa control.
On November 20, 2013, DOS ceased allocating visa numbers to EB-2 India
adjustment of status applications with priority dates after November 2004, the
cut-off date in the December Visa Bulletin. November’s cut-off date was June
2008, but those IVs were exhausted quickly, with the State Department receiving
up to 150 visa number requests per day. The majority of the available numbers
were allocated to cases in which the beneficiary had established a priority
date in the EB-3 category and now qualified for an upgrade to EB-2.
Future Movement in EB-2 India
As we reported previously, the
cut-off date for EB-2 India is expected to remain at November 2004 for the next
several months. It is possible that in August or September 2014, the cut-off
date for EB-2 India will advance again to around December 2008.
However, these are only projections, highly subject to change based on usage or
new developments. The following factors may affect forward movement for EB-2
India:
§ Volume
of allocated EB-2 India IVs for those with priority dates before November 2004;
§ Volume
of worldwide upgrades from EB-3 to EB-2;
§ Available
of unused IVs from other employment-based categories; and
§ The
decreased worldwide quota, which is approximately 8,000 less than last year.
Employers
and beneficiaries are reminded that predictions from DOS are based on current
information but are subject to change according to fluctuations in demand.
What the November Exhaustion
Means for Foreign Nationals
If you are a foreign national with an EB-2 India priority date between November
2004 and June 2008, your adjustment application may not have been approved in
November, even though your priority date appeared to be current. Your
application should remain pending until the priority cut-off date advances. The
State Department projects that this could occur in August or September 2014,
although forward movement is not guaranteed and depends on visa number usage.
Until the EB-2 India cut-off date advances, you and your family members should
continue to be eligible for employment authorization and advance permission to
travel as adjustment applicants.
The number of adjustment applications affected by the early exhaustion in
November is unknown. EB-2 immigrant visa numbers remain available for cases
with priority dates of November 2004 and earlier.
Happy Holidays from Global Human Resources!
