For visa watchers and immigration related news junkies who keep complaining about retrogression especially in the EB2 and family based categories it is time to celebrate. Now this is a piece of really good news for all of you who have applied for the family-based and the employment-based immigrant visas. Check out the September 2013 Visa Bulletin and you’ll know what we mean. This is a time to celebrate, no backlog here can you beat that! The family side, the 2A category, which entails the spouses and children of the permanent residents, is current for the second month in a row now.

The biggest advance however has been in the 2B category worldwide. It has moves forward by 10 weeks, and this is the category for unmarried adult sons and daughters of permanent residents here. The most noticeable change comes in the number of Filipino unmarried kids of U.S. citizens; the figures have advanced as much as 4 months.

Keeping this advancement in mind, don’t go too easy on future applications, there’s bound to be a slack sooner than later, maybe we’re looking at October? So go ahead and put in those applications NOW.

A USCIS reaction to the EB2 priority dates for India movement-

‘This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be “otherwise unused” numbers under the overall Employment Second preference annual limit. This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months. It is expected that such movement will generate a very significant amount of new India demand during the coming months.’

As result of this, adjustment applicants with pending cases will now see their applications move towards completion. Those foreign nationals who were unable to file permanent residence applications when their priority dates were current in the past can now take the opportunity to file.

Those who have applied for adjustments will immediately need to talk to their lawyers so that they can provide the USCIS with any additional documentation required to complete their applications. Applicants could be asked for an adjustment interview at a local USCIS office, for which they should prepare.

Indian EB-2 applicants, who are eligible but do not have an adjustment application on file with USCIS need to act quickly once their priority date becomes current.


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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).