NewsFlash! EB2 for Indian Nationals Unavailable in Aug 2006!
Posted Jul 17, 2006
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The U.S. Department of State (DOS) released the August 2006 Visa Bulletin earlier today (July 17, 2006). The Visa Bulletin contains a significant change affecting employment-based, second preference (EB2) cases for nationals of India. As of August 1, 2006, the visa numbers for EB2 for persons chargeable to India will become unavailable. This means that as of August 1st, persons in this category cannot file their I-485 cases for adjustment of status within the United States, nor proceed with consular processing to obtain the immigrant visa abroad, no matter what their priority date. It also means that those with pending I-485s or consular processing cases cannot move forward to approval after July 31, 2006 until the priority dates become available again for that particular individual or family. The movement of priority dates is expected to change once more immigrant visa numbers are released and become available starting October 1, 2006 or soon thereafter. October marks the beginning of the 2007 fiscal year (FY).
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EB3 Retrogresses Further for Aug 2006
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The only other change in the EB categories is the employment-based, third preference (EB3) category for India. The EB3 cutoff date for Indian nationals retrogressed, moving backward another two weeks, from April 15, 2001 to April 1, 2001.
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All other EB categories remained unchanged. Those categories that were current in July 2006 remain current. Those with cutoff dates continue to have the same cutoff dates.
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Further Retrogression Expected in Sep 2006
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The Visa Bulletin contained predictions for September 2006. Since September is the final month of the FY, the visa number use is approaching the annual limits in many categories. Therefore, further retrogression could occur for: India EB1, China EB2 and EB3, Mexico EB3, and Worldwide EB4 during the month of September 2006 but, hopefully, will again move forward starting in October 2006.
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Schedule A Cases Reaching their Limit
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The 50,000 visa numbers allocated for Schedule A cases are reaching their limit. A cutoff date could be established in October 2006. Once these numbers have been allocated or used up, the category in the Visa Bulletin will end and the Schedule A cases will become part of the regular EB3 category, subject to lengthy delays in being processed.
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Procedural Note : One May File the LC and the I-140 Petition
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The unavailability of visa numbers in EB2 does not impact the ability to file a labor certification or an I-140 immigrant petition seeking EB2 classification. Thus, these earlier stages of cases can continue to be filed, regardless of the availability of visa numbers.
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Recommendation : File before July 31, 2006, if PD is Current
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An Indian national, who is eligible to file the I-485, Application for Adjustment of Status, in EB2 under the cutoff date of January 1, 2003 set pursuant to the July 2006 Visa Bulletin, should file the I-485 before the end of July 2006. Anyone who is abroad should return to the U.S. to file the I-485 so that it reaches the USCIS on or before July 31, 2006. Individuals eligible to file in a current category or cutoff date set in the August 2006 Visa Bulletin should file before the end of August 2006, as eligibility again could change in September 2006, retrogressing further. All others who cannot file or obtain approvals before the end of July 2006, will need to be patient until at least October 1, 2006. Of course, while a new allocation of visa numbers becomes available as of October 1, 2006, this does not mean that a one's priority date will also become current starting in October 2006.