DOS Confirms Cut-Off for EB-2 India/China

As expected, the U.S. Department of State (DOS) confirmed the cut-off dates for Employment-Based Two (EB-2) India and China.  The following statement is from American Immigration Lawyers Association (AILA) InfoNet Doc. No. 12040447 (posted Apr. 4, 2012):

Charlie Oppenheim, Chief of Visa Control at the State Department, has confirmed that, effective March 23, 2012, no further EB-2 visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007, or later. Visa applicants processing in April at consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established. Mr. Oppenheim understands that USCIS will contine to receive and process applications for adjustment of status for aliens with priority dates prior to the date established in the April 2012 Visa Bulletin, and those cases with priority dates of August 15, 2007, or later, will be forwarded to and held by Visa Control at DOS in a “pending” file until new visas are available beginning with FY2013 on October 1, 2012. Mr. Oppenheim advises that an item in the May Visa Bulletin will address the EB-2 movement.

This is certainly not good news for Indian and Chinese nationals who have recently filed I-485 Adjustment of Status applications under the EB-2 category.  These applications will now wait adjudication by USCIS until the applicant’s priority dates become ‘current’ again.  However, applicants can continue to renew their Employment Authorization (EAD) and Advance Parole (Travel) Documents while their adjustment applications are pending.

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