• EB-2 India/China Will Become Unavailable; EB-3 Will Advance for All Countries
  • May 15, 2012
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • Immigrant visas for EB-2 India and mainland China will officially become unavailable next month, according to the State Department’s June Visa Bulletin. EB-2 India/China visa numbers -- which were actually exhausted in early April -- will not become available again until Fiscal Year 2013, which begins October 1, 2012. Foreign nationals born in India or mainland China with priority dates earlier than August 15, 2007 remain able to file adjustment applications through the end of May, but those cases will be held in abeyance until October 1. EB-2 will remain current for all other countries in June, though the State Department projects that priority date cut-offs could be imposed at some point in the next few months.

    In the EB-3 subcategory for professionals and skilled workers, priority dates will advance more than four months for China, to August 8, 2005; one week for India, to September 15, 2002; three weeks for the Philippines, to May 22, 2006; and five weeks for all other countries, to June 8, 2006.

    The State Department had posted a previous version of the June Visa Bulletin to its website for a brief period of time on May 9, after which that version was quickly retracted without explanation. The May 9 version had listed the priority date for EB-3 workers in the “Other Workers” category as June 8, 2006. In the version issued today, that date has been changed to May 22, 2006.

    EB-2 India/China Unavailability

    According to the State Department, EB-2 India/China is being officially closed next month to safeguard EB-2 visa availability for other countries. Despite the May retrogression of EB-2 India/China cut-off dates to August 15, 2007, demand remains extremely high, mostly due to a very large number of pre-August 15, 2007 adjustments applications that were originally filed as EB-3 cases but have since been “upgraded” to EB-2. State Department officials estimated that if EB-2 India/China were to remain open, even at more heavily retrogressed priority dates, EB-2 availability would be jeopardized for other countries.

    Future Cut-Offs Possible for EB-1/EB-2 Worldwide

    Demand for EB-1 and EB-2 remains high worldwide. As such, the State Department has revised its projection of immigrant visa availability for the remainder of the year. In the EB-2 category, a cut-off date could be imposed on all countries other than India and China in the next several months. An EB-1 cut-off date could be imposed toward the end of this fiscal year.

    June 2012 Priority Date Cut-Offs

    In June 2012, EB immigrant priority date cut-offs will be:

    EB-1

    Current for all countries.

    EB-2

    India: Unavailable
    China: Unavailable
    Current for all other countries.

    EB-3 Professionals and Skilled Workers

    India: September 15, 2002
    China: August 8, 2005
    Philippines: May 22, 2006
    All other countries: June 8, 2006

    EB-3 Other Workers

    India: September 15, 2002
    China: April 22, 2003
    Philippines: May 22, 2006
    All other countries: June 8, 2006

    EB-5

    Current for all countries and subcategories.