EB-2 Priority Dates: Bad News on Backlog

Employment-based second preference (EB-2) green cards remain unavailable for India and China and are now backlogged to January, 2009 for ALL countries!

We just received notification of the July Visa Bulletin from the U.S. State Department.  As you will note, not only do India and China continue to be unavailable in the second preference category (EB-2, Employment-based 2nd), but immigrant visas in the (green cards) in the second preference category for all other countries are now backlogged to January 1, 2009. EB-2 for all countries changed from being current as of this month, to a three and a half-year backlog as of next month with a new priority date of January 1, 2009.

We do not know if immigrant visas will once again become available for EB-2 for all countries, (all chargeability) at the start of the new fiscal year beginning on October 1, 2012 with the annual new infusion of visas in all categories. We will need to closely monitor the situation.

This means that advanced-degree foreign-born employees in the EB-2 classification will need to continue to work in their underlying continuing valid non-immigrant status until their priority date (place in line as determined by either PERM or I-140 filing date) becomes current again.

This is very discouraging news from the U.S. government. We hope that the situation will improve as soon as possible.

Article categories: Employer-Based Immigration Law

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