Priority Dates for EB-2 Category for Indian Foreign Nationals Affected

Priority dates for the Employment Based 2nd Preference category for foreign nationals from India advanced in the August Visa Bulletin to January 1, 2008. This is a jump of almost 3-1/2 years (from September 2, 2004 in July's Visa Bulletin).

The Visa Bulletin explained that the advancement was based on current applicant demand patterns and that it was done to fully utilize the numbers available under the overall EB2 annual limit. The Bulletin warned its readers to expect some type of "corrective" action at some point during FY-2014 to maintain number use within the applicable annual limits, including retrogression (meaning moving the date back to an earlier chronological priority date).

This is a significant advancement of the priority date for Indian nationals and provides to them a window of opportunity to complete the Adjustment of Status process. Any individual with an approved I-140 Petition with a priority date of January 1, 2008, or before, is now eligible to file a Form I-485 Application to Register Permanent Residence or Adjust Status. 

Prompt action to complete the Adjustment of Status by filing a Form I-485 should be taken by any qualified individual as there is no way to know how long this priority date will remain in effect. It could advance again in the next months or it could just as easily regress as predicted.

Information provided by CGWG