EB-1 and EB-2 Visa Availability

EB-1 and EB-2 Visa Availability
May 11, 2012

China and India EB-2 Becomes “Unavailable” in June’s Visa Bulletin


Despite the retrogression of the China and India EB-2 cut-off date to August 15, 2007 in the May Visa Bulletin, demand for green card numbers by applicants with priority dates earlier than that remained excessive.  The Department of State (DOS) explained that such demand is primarily based on I-485 cases which were originally filed for the EB-3 category and were subsequently “upgraded” to EB-2. This made it necessary to make the China and India EB-2 "Unavailable" for the remainder of FY 2012.

 

EB-2 green card numbers will once again be available for China and India EB-2 cases beginning October 1, 2012 under the FY 2013 annual numerical limitations.  DOS said that every effort will be made to return the China and India Employment Second preference cut-off date to the May 1, 2010 date which had been reached in April 2012.  DOS advised that it is impossible to accurately estimate how long that may take, but current indications are that it would definitely not occur before spring 2013.

 

USCIS has confirmed that it will continue accepting China and India EB-2 I-485 filings during May, based on the cut-off date in the May Visa Bulletin.

 

EB-1 and EB-2 Availability Going Forward

 

Based on the current rate of demand, DOS said it may be necessary to establish a cut-off date for the EB-1 category at the end of this fiscal year in an effort to limit number use within the annual numerical limit.

 

Regarding EB-2, based on the current rate of demand, DOS said it may be necessary to establish a cut-off date for countries other than China and India. Such action may be required during the next few months.

 

Please be advised that the above are only estimates for what could happen during the next few months based on applicant demand patterns experienced in recent months.