Posted On: April 6, 2012 by Cornerstone Law Group

EB-2 Retrogression Confirmed for China-Mainland and India Nationals

As previously reported, the EB-2 priority dates for China-mainland born and India immigrant visa applicants are expected to retrogress to August 15, 2007 in the upcoming May Visa Bulletin. The Department of State (DOS) has confirmed that, effective March 23, 2012, no further EB-2 visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007, or later. The current visa bulletin for April shows a priority date of May 1, 2010 for the EB-2 China-mainland born and India categories. DOS has indicated that visa applicants processing in April at overseas consulates will still receive visas since those numbers were allocated before the cut-off date was established. As for U.S. adjustment of status applicants, USCIS will contine to receive and process applications for aliens with priority dates prior to the date established in the April visa bulletin, and those cases with priority dates of August 15, 2007, or later, will be forwarded to Visa Control at DOS and held in "pending" status until new visas are available with the start of FY2013 on October 1, 2012. Be on the look out for the upcoming May visa bulletin as DOS advises that it will address the EB-2 movement.