A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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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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