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EB-2 India Retrogresses Over Four Years, to February 2005

9 Oct

On Thursday, October 9, 2014, the U.S. Department of State published the November 2014 Visa Bulletin, indicating a significant retrogression in visa availability under the Employment-Based, Second Preference (EB-2) category for applicants born in India.

Beginning November 1st, the EB-3 India “cut-off” date will be February 15, 2005. This means only applicants who have priority dates before February 15, 2005, may file or be approved for permanent residency during the month of November.


Preference All Chargeability Areas Except Those Listed CHINA-Mainland Born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08DEC09 15FEB05 C C
3rd 01JUN12 01JAN10 22NOV03 01JUN12 01JUN12
Other Workers 01JUN12 22JUL05 22NOV03 01JUN12 01JUN12
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/Regional Centers C C C C C

Visa availability under the EB-3 category will advance nine (9) months for persons born in China, to a new cut-off date of January 1, 2010, while advancing only one (1) week for persons born in India. The EB-3 category will advance eight (8) months for persons born in Mexico, the Philippines, and all other areas of chargeability. The EB-3 “Other Worker” category will advance for all applicants born in all countries except China, which remains at the October 2014 cut-off date of July 22, 2005.

Applicants with current priority dates should contact their FosterQuan immigration attorney now for additional information regarding application for an immigrant visa at a U.S. Embassy/Consulate abroad, or application for Adjustment of Status with U.S. CIS in the United States. As always, FosterQuan will continue to monitor visa availability and will provide additional information via future Immigration Updates© and on our firm’s website.