As anticipated, there is bad news for those seeking U.S.
permanent residence in the Employment-Based 2nd
Preference category for India. For the month of November
2014, the EB-2 India cut-off date will take a giant leap backward,
moving from May 1, 2009, to February 15, 2005. 2005?!
Yes, 2005. This sobering update was announced in the State Department's latest Visa
Bulletin . If this were a game, the "giant
leap backward" would be meaningless, but it's not a
game—the backlog and lack of measures to resolve or at least
alleviate this difficult situation impacts the lives of many
hard-working people who are looking for certainty in their
The November 2014 Visa Bulletin includes
commentary explaining that there is no expectation that the EB-2
India date will move forward during any of the next 3 months.
As in the past, the retrogression is likely the result of those in
the EB-3 India category advancing into EB-2 positions, as well as
fewer drop-down numbers from the EB-1 category due to increased
As for the EB-3 India category, there will be progress in
November 2014, albeit minimal. The date for EB-3 India will
move from November 15, 2003, to November 22, 2003.
"Little if any movement" is projected for each of the
next 3 months at minimum.
By way of information, the cut-off dates for over-subscribed
categories apply to those who are "chargeable" to the
country listed. A nice summary regarding
"chargeability" appears on the USCIS website which explains that
"Chargeability is usually determined by country of birth.
Exceptions are made to prevent the separation of family members
when the limitation for the country of birth has been
met." More detail about chargeability, can be found in
Volume 9 of the State Department's Foreign Affairs
Manual. (9 FAM 42.12, Notes)
Some points to consider...
You are likely already well aware that if your priority date is
current this month and you don't file an I-485 Adjustment
Application such that it is properly received by Immigration before
the end of this month, it will be too late for at least
the next several months (years?). This is because in order to
file the I-485 (or consular process), only applicants with a
priority date EARLIER than the cut-off date for an oversubscribed
preference category may receive a visa number in any given
With both the EB-2 India and EB-3 India categories backlogged
by approximately 10 years(!), there is no better argument in favor
of immigration reform, including at minimum work authorization for
H-4 dependents—ideally for spouses and for working-age
children. Hopefully this will come to pass.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).