News Alert: Bad News – EB2 is expected to retrogress for Indian & Chinese Nationals!

When the Visa Bulletin stop making sense!

AILA, American Immigration Lawyers Association, announced on March 16 that

“Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin.”

The Indian and Chinese nationals have waited for years under EB3 category and their hope was to move on EB2 category.  Unfortunately with this announcement, the hope might be destroyed.  Many are still in shocked how unfair is the system to penalize the ‘cream of skilled workers in the world.’

Now What? The question is what to do next…

Relying on the information of a possible retrogression the immediate solution our law firm recommends are:

1. If you are on EB2 and your date is current, do not wait to file for either your adjustment of status or any sort immigration benefits (even if it is a consular processing) just because of this announcement.
2. If you can have an EB2 labor certification filed, please make sure you do not  be discouraged in filing your new labor certification  because at this point in time, there is no: a)Absolute confirmation’ the retrogression will go down to August 2007,b) The dates are still May 2010, and c) Remember that a retrogression never lasts forever.  So it will be futile to miss the chance.
3. If you have a priority date on approved I-140 EB3 before or on August 2007, and if the visa retrogresses we will still be able to use this priority date on your EB2.
4. Finally it is advisable to talk to your attorney or good immigration attorney to evaluate all your options.  For example, you might be eligible for an EB1, a national interest waiver, or some other sort of visas.  It is always recommended to have a backup plan.

If you want to talk to one of our attorneys, call us at 510 742 5887 to schedule a consultation.

It is recommended to call your representatives (Congress and Senate) to talk about the impact of such events on our economy and on your lives.

We shall update this blog with more information as we get them.

Note:

“DOS Practice Alert: EB-2 India & China Priority Date Projections

Cite as “AILA InfoNet Doc.

On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin. He also advised that he projects that all EB-1 visas available in FY2012 will be used this year, resulting in no “spilldown” to EB-2.

Converting into the EB2 is becoming more and more important. Watch this video on EB3 to EB2 category.”