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EB-2 India: Retrogression Expected

Mechelle Zarou

Mechelle Zarou

The State Department has released the October Visa Bulletin showing the Employment-Based Second Preference (EB-2) Category for India with a priority date of May 1, 2009. Based on current demand, it is expected that the priority date could retrogress as far back as 2005, possibly as early as November. The high number of Indian-born applicants “upgrading” their filings from EB-3 to EB-2 is a major factor in the impending retrogression.

In addition, the maximum number of immigrant visas issued in this category have been reached for Fiscal Year 2014 and there will be no visas available until October 1, 2014. Any applications received in September with priority dates of May 1, 2009 or earlier will be accepted but will not be processed until October 1 and will be held in the Visa Office’s “Pending Demand” file.

Due to the demand on visas, Indian nationals in this category, with priority dates of May 1, 2009 or earlier, should plan to file their applications by the end of October.

Please contact Mechelle Zarou at mzarou@slk-law.com.

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