The State Department is about to start allocating more than 12,000 extra visa numbers to EB-2 applicants. Most will go to applicants from India.
The EB-2 India date in the 2011 May Visa Bulletin will advance for the first time since September 2010.
EB-2 India and China may continue to advance for the rest of the fiscal year, though they are unlikely to pass December 2006.
By law, the extra 12,000 EB-2 numbers are made available to the entire world in priority date order. INA §203(e). And they are allocated without regard to country of chargeability.
By law, the 12,000 "otherwise unused" numbers which will be available for EB-2 in 2011 are allocated in priority date order. The law provides that they are allocated without regard to the per country limits once the State Department determines that country has
reached its EB-2 limit.
There are at least 17,400 applicants who have filed, or who are ready to file EB-2 adjustment of status applications and whose priority dates are in calendar year 2006. For the most part, these are applicants who filed for adjustment of status in July or August
2007 when the Visa Bulletin reported EB-2 as "current" for every country, but whose applications could not be completed because of EB-2 retrogression for India and China.
In addition, there are an unknown number of applicants with 2006 priority dates who have "upgraded" from EB-3 to EB-2 by filing new PERM applications and preference petitions. And there are an unknown number of applicants with approved EB-2 petitions who do not have pending adjustment of status applications.
There are tens of thousands of additional applicants who have priority dates subsequent to 2006.
The 12,000 "otherwise unused" numbers will be fully utilized by those with 2006 priority dates. Of the 17,400 presently "known" applicants, 13,200 are from India, and 4,200 are from China. We would therefore expect that about 75% of the applicants who would benefit would be from India. However, there are substantial numbers of Indian
applicants whose priority dates are presently not current, but earlier than any China EB-2 applicant whose priority date is available.
As of March 2011, the EB-2 priority date from China is July 8, 2006 and India is two months behind at May 8, 2006. The EB-2 priority date for India will advance until either
the 12,000 visa numbers are used, or until it becomes equal to the China EB-2 date. The China and India EB-2 dates will then advance together. In April (and for the next few
months), India EB-2 will be earlier than China EB-2.
We would therefore expect India to benefit from more than 75% of the extra 12,000 EB-2 numbers because we believe more than 75% of those with the oldest EB-2 priority dates are from India.
AILA InfoNet Doc. No. 11040634. (Posted 04/07/11).
Please note that as of today, Apr 07, 2011, a new May Visa Bulletin hasn't been released yet.
www.law-visa-usa.com
The EB-2 India date in the 2011 May Visa Bulletin will advance for the first time since September 2010.
EB-2 India and China may continue to advance for the rest of the fiscal year, though they are unlikely to pass December 2006.
By law, the extra 12,000 EB-2 numbers are made available to the entire world in priority date order. INA §203(e). And they are allocated without regard to country of chargeability.
By law, the 12,000 "otherwise unused" numbers which will be available for EB-2 in 2011 are allocated in priority date order. The law provides that they are allocated without regard to the per country limits once the State Department determines that country has
reached its EB-2 limit.
There are at least 17,400 applicants who have filed, or who are ready to file EB-2 adjustment of status applications and whose priority dates are in calendar year 2006. For the most part, these are applicants who filed for adjustment of status in July or August
2007 when the Visa Bulletin reported EB-2 as "current" for every country, but whose applications could not be completed because of EB-2 retrogression for India and China.
In addition, there are an unknown number of applicants with 2006 priority dates who have "upgraded" from EB-3 to EB-2 by filing new PERM applications and preference petitions. And there are an unknown number of applicants with approved EB-2 petitions who do not have pending adjustment of status applications.
There are tens of thousands of additional applicants who have priority dates subsequent to 2006.
The 12,000 "otherwise unused" numbers will be fully utilized by those with 2006 priority dates. Of the 17,400 presently "known" applicants, 13,200 are from India, and 4,200 are from China. We would therefore expect that about 75% of the applicants who would benefit would be from India. However, there are substantial numbers of Indian
applicants whose priority dates are presently not current, but earlier than any China EB-2 applicant whose priority date is available.
As of March 2011, the EB-2 priority date from China is July 8, 2006 and India is two months behind at May 8, 2006. The EB-2 priority date for India will advance until either
the 12,000 visa numbers are used, or until it becomes equal to the China EB-2 date. The China and India EB-2 dates will then advance together. In April (and for the next few
months), India EB-2 will be earlier than China EB-2.
We would therefore expect India to benefit from more than 75% of the extra 12,000 EB-2 numbers because we believe more than 75% of those with the oldest EB-2 priority dates are from India.
AILA InfoNet Doc. No. 11040634. (Posted 04/07/11).
Please note that as of today, Apr 07, 2011, a new May Visa Bulletin hasn't been released yet.
www.law-visa-usa.com
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Green Cards, Citizenship, Visas, Work Permits, Green Card Lottery, Waivers, Asylum ***
Web: http://www.law-visa-usa.com/contact_us.html ***
To schedule a legal consultation, please email at Attorney@law-visa-usa.com
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