EB-2 Priority Date for India & China Will Retrogress

EB-2 Priority Date for India & China Will Retrogress
March 16, 2012

On March 16, 2012, Charlie Oppenheim, Chief, Visa Control and Reporting at the Department of State, informed that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin.

 

For all I-485 case, the priority date must be “current” when the case is filed, as well as when the case is approved.  As such, if dates retrogresses in May, pending I-485 cases that are not approved before May will remain pending until the priority date is “current” again.  Since USCIS is taking 3 to 4 months to process recently filed I-485 applications, most cases filed in March may not be approved before the dates retrogress.

 

Mr. Oppenheim also estimates that all EB-1 visa availability in FY2012 will be used up, resulting in no "spilldown" to EB-2.