A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Friday, September 12, 2014

EB-2 India FY2014 Visa Cap Reached

Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), has confirmed that the EB-2 visa category for India was no longer available as of 09/10/2014, and will remain unavailable until 10/1/2014, when FY2015 begins.  

Applicants with priority dates earlier than 05/01/2009 may still continue to file their green card applications until the end of September.  However, those cases will be held in the Visa Office's "Pending Demand" file until 10/1/2014, when new visa quota becomes available.

Cases that have been submitted and pre-adjudicated will continue to be processed.  The visa exhaustion does not affect them as visa numbers have already been allocated.

Further, as reported in the October Visa Bulletin, EB-2 India is expected to retrogress as early as November this year due to large number of EB-3 to EB-2 upgrades for Indian-born applicants.

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