Recent Visa Bulletin Shows Significant Improvement for India and China EB-2 categories

January 9- The release of the February 2012 Visa Bulletin by the Department of State shows a significant 12-month jump for China and India EB-2 categories, which now show a January 2010 priority date.    The EB-2 category, or Second Preference category, is for members of the professions holding advanced degrees or foreign nationals of exceptional ability.  Only two months ago, EB-2 category visas were backlogged all the way to March 2008.

The February 2012 Visa Bulletin shows that visa applicants in the EB-2 categories from China and India with priority dates of January 2010 may now apply for a visa.  On its website, USCIS attributes the vast improvement in priority cut-off dates in recent months to system-wide efforts to prompt greater numbers of Adjustment of Status filings, as well as the unanticipated slowing of new EB-2 filings.  The aggressive advancement of the cut-off dates is intended to maximize the number of visas allowed under the statutory numerical limit for the fiscal year. 

Visa preference categories become backlogged, subjecting intending immigrants to a queue, because the total number of annual employment-based immigrant visas is limited by federal law.  Additionally, an annual per-country limitation of 7% of the total immigrant visas results in some countries becoming “oversubscribed”, as are China, India, Mexico, and the Philippines.  When a preference category is oversubscribed, the DOS assigns a visa applicant a priority date that determines his position in the visa waiting line and shows when he may become eligible to apply for an immigrant visa.