EB-2 for India may Retrogress as Early as November

According to Charles Oppenheim, the Chief of the visa Control and Reporting Division, US Department of State, the usage patterns for India, the number of visas used, etc. mean that there will definately be retrogression, and it may happen as soon as November. India has seen rapid forward movement of its priority date for the EB-2 category over the past months because the DOS is trying to ensure that all immigrant visas are used before the end of the current fiscal year. As a result many more people from India are filing their adjustment of status applications based upon their older I-140 EB-2 applications now coming current. While USCIS is trying to adjudicate these cases as quickly as possible, a number will be left over by the time the new fiscal year starts on October 1, 2014. This means that there will be a number of people with cases ready for adjudication at the beginning of the fiscal year which, in turn, means that a number of the immigrant visas allocated to Inida will be used quite quickly, necessitating the retorgression.

If past trends hold, however, then, as the fiscal year progresses, the DOS will be able to move the dates for India forward to use the otherwise unused numbers from other countries.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

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Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.