DOS Insights on EB2 India "Unavailability" from Feb 2008
Posted Jan 18, 2008
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The February 2008 U.S. Department of State (DOS) Visa Bulletin announced that the employment-based, second preference (EB2) category is unavailable for nationals of India. The Visa Bulletin carries the announcement that the EB2 India annual limit had been reached. The American Immigration Lawyers Association (AILA) has received some insight into this matter, as well as a small glimmer of hope during the latter half of the 2008 Fiscal Year (FY), as there is a chance that some unused EB1 visa numbers could become available for the EB2 category. [The most recent Visa Bulletin chart is always available on MurthyDotCom.]
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High Demand Since Nov 2007 Creates EB2 Unavailability
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In early November 2007, it became clear to the DOS that the high demand for EB2, from nationals of India, potentially would cause the annual limit to be reached. This is the reason that the dates retrogressed by over two years, to January 1, 2002, under the December 2007 Visa Bulletin. Continuing demand is why the dates were moved back by an additional two years in the January 2008 Visa Bulletin. The USCIS requested almost 300 EB2 India visa numbers in December 2007. With the extreme rollback in January 2008, the USCIS had requested only three immigrant visa numbers for EB2 nationals of India, as very few cases would have priority dates predating the January Visa Bulletin cutoff date of January 1, 2000.
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Possible EB2 Availability for Indian Nationals Later in the Fiscal Year
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The DOS advises that there is some chance that EB2 India numbers could become available again later in FY2008. This is possible if the demand for EB1 India numbers does not exceed the annual limit. The visa numbers available for EB2 category nationals from India includes a portion of the unused immigrant visa numbers under the EB1 category. However, this decision will not be addressed until later in the FY. Additionally, the potential availability of some immigrant visa numbers does not mean that EB2 will necessarily become "current" later in the FY. It simply means that, once again, there would be some EB2 India numbers available, and, assuming that the demand continues to exceed the available numbers, there would be an appropriate cutoff date, as opposed to the current completely "unavailable" situation.  
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Watch for developments on the Visa Bulletin situation and retrogression on MurthyDotCom and in the MurthyBulletin. Readers will be informed as new information becomes available.