Bad News: It is official – Visa Bulletin May 2012 India and China EB2 retrogressed to August 15, 2007

Visa Bulletin For May 2012

“RETROGRESSION OF THE CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE

Due to the rapid forward movement of the cut-off date, demand for China and India Employment Second preference numbers has increased dramatically during recent months, and at a much faster rate than had been expected.  Therefore, it has been necessary to retrogress that cut-off date to August 15, 2007 in an attempt to hold number use within the annual limit while maintaining availability for those countries that have not yet reached their per-country limit.  Notices were included in the November, January, and February Visa Bulletins alerting readers to the possibility of such a retrogression.  While corrective action has become necessary earlier than was anticipated based on the information available at the time cut-off dates were determined, it is hoped that readers are not caught off guard by this retrogression. Should additional information regarding potential demand become available, it may be necessary to take additional corrective action at any time.  Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010.  This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012.  It will not be possible to speculate on the cut-off date which may apply at that time until late summer.   USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings based on the originally announced April cut-off date.” – CA/VO: April 6, 2012.

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:  : a) The dates are still May 2010, and b) 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.