July Visa Bulletin: EB-2 cutoff date advances for Indian Nationals
June 11, 2010
In the U.S. Department of State’s July Visa Bulletin, cutoff dates for Indian nationals in the second employment-based visa category (“EB-2”) advanced by 8 months, to October 1, 2005. This means that, effective July 1st, Indian nationals in this immigrant visa classification who started the green card process before October 1, 2005 will have an immigrant visa number available to continue the green card process, hopefully to conclusion. This will hopefully mean the end of a long wait for many Indian national professionals with advanced degrees, including many physicians, scientists, researchers and others who contribute significantly to our local and national welfare.
By way of background, U.S. immigration law limits the number of immigrant visas/green cards by nationality (country of birth) and by year. An alien may not have a green card application approved until an immigrant visa number is available to them. For countries such as India and China, with a significant volume of immigrant visa applicants with an advanced degree, a shortage of immigrant visas has developed over the years. An alien’s priority date, or place in line, is established upon commencement of the green card process, usually through the filing of a PERM labor certification application with the U.S. Department of Labor. Regardless of the need for the alien’s services, green card applicants must wait until their priority dates become current before they may adjust their status and become permanent residents of the United States. Priority dates become current when the cutoff date listed in the monthly Visa Bulletin is equal to or earlier than the date on which the alien started the green card process. These cutoff dates are displayed in the Visa Bulletin as in the following chart.
| Employment-Based | All Chargeability Areas Except Those Listed | CHINA-mainland born | DOMINICAN REPUBLIC | INDIA | MEXICO | PHILLIPINES |
| 1st | C | C | C | C | C | C |
| 2nd | C | 22NOV05 | C | 01OCT05 | C | C |
| 3rd | 15AUG03 | 15AUG03 | 15AUG03 | 22NOV01 | U | 15AUG03 |
| Other Workers | 01JUN01 | 01JUN01 | 01JUN01 | 01JUN01 | U | 01JUN01 |
| 4th | C | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C | C |
| 5th | C | C | C | C | C | C |
| Targeted Employment Areas/Regional Centers | C | C | C | C | C | C |
| 5th Pilot Programs | C | C | C | C | C | C |
The cutoff date for the EB-2 category was stuck on February 1, 2005 for some time, so the advancement is welcome news. Cutoff dates do not advance in real time, but rather jump forward and backward (“retrogress”) from month to month depending on the demand for immigrant visas. The U.S. Department of State publishes the Visa Bulletin for the following month every month, usually around the 10th.
USCIS holds green card applications in abeyance until an alien’s priority date becomes current. Hopefully, USCIS will now adjudicate those pending applications without further prompting, although there is always the chance that cutoff dates may again “retrogress” before the pending green card application is finally approved.
Please contact Matt Raynes at our Bangor, Maine office with questions.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
