According to recent reports, the U.S. State
Department (DOS) may issue a
worldwide priority date cut-off for the EB-2
(Employment-Based, second preference) category in July. The precise
EB-2 cut-off date will be unveiled in the July 2012 Visa Bulletin,
which is expected to be released in mid-June. At this time it has
not yet been confirmed how far back the priority dates
are expected to retrogress.
EB-2 worldwide is still current under the June 2012 Visa
Bulletin. Consequently, foreign nationals who qualify for EB-2
classification, and were not born in India or mainland China, may
still file applications for adjustment of status or an immigrant
visa through June 30. Timely-filed EB-2 applications will be
retained by USCIS until visa numbers once again become
available. Earlier, the DOS announced that, as of June 1,
2012, EB-2 category immigrant visas for China-mainland born and
India will not be approved until the beginning of the new fiscal
year. It is also possible that the EB-2 category could become
unavailable worldwide before the end of this fiscal
year (September 30) if there is continued high demand for
immigrant visa numbers in this category.
When the new fiscal year begins on October 1, 2012 and new
immigration visa quota numbers again become available, it is
anticipated that the India/China cut-off will reveal a Summer 2007
date, while EB-2 worldwide should again become current.
In the event of a worldwide retrogression in the EB-2 priority
date cut-offs next month, Ogletree Deakins will work with eligible
EB-2 nationals with current priority dates to help ensure that
their immigrant visa and adjustment of status applications are
filed and received by USCIS by June 30, 2012. Once the immigrant
visa numbers retrogress, those with priority dates later than the
cut-off date specified in the Visa Bulletin will be unable to file
until a visa number becomes available once again.
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