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EB-2 Priority Date for China and India Faces Major Retrogression

The EB-2 priority dates for China-mainland born and India are expected to retrogress to August 15, 2007 in the upcoming May Visa Bulletin. The current visa bulletin shows a priority date of May 1, 2010 for the EB-2 China-mainland born and India categories. Due to the high demand in these categories, the priority date has been retrogressed to ensure visa numbers are available for natives of other countries. USCIS has indicated that it will continue to “preadjudicate” adjustment of status applications received through April. The “preadjudicated” cases will be held by the State Department in “pending” status so that they will be ready in October, or earlier, if the current number use pattern changes, and they are needed at the end of the FY2012 to ensure the employment-based visas are fully allocated. For now, it is still too early to predict movement for the remainder of the year.