November EB-2 India Numbers Exhausted Faster Than Anticipated

Due to the unprecedented demand for EB-2 India immigrant visa (IV) numbers, foreign nationals with priority dates between November 2004 and June 2008 may not have had their cases processed to completion last month. November's available numbers were exhausted earlier than expected, according to the State Department official responsible for visa control.

On November 20, 2013, DOS ceased allocating visa numbers to EB-2 India adjustment of status applications with priority dates after November 2004, the cut-off date in the December Visa Bulletin. November’s cut-off date was June 2008, but those IVs were exhausted quickly, with the State Department receiving up to 150 visa number requests per day. The majority of the available numbers were allocated to cases in which the beneficiary had established a priority date in the EB-3 category and now qualified for an upgrade to EB-2.

Future Movement in EB-2 India

As we reported previously, the cut-off date for EB-2 India is expected to remain at November 2004 for the next several months. It is possible that in August or September 2014, the cut-off date for EB-2 India will advance again to around December 2008.

However, these are only projections, highly subject to change based on usage or new developments. The following factors may affect forward movement for EB-2 India:

• Volume of allocated EB-2 India IVs for those with priority dates before November 2004;
• Volume of worldwide upgrades from EB-3 to EB-2;
• Available of unused IVs from other employment-based categories; and
• The decreased worldwide quota, which is approximately 8,000 less than last year.

Employers and beneficiaries are reminded that predictions from DOS are based on current information but are subject to change according to fluctuations in demand.

What the November Exhaustion Means for Foreign Nationals

If you are a foreign national with an EB-2 India priority date between November 2004 and June 2008, your adjustment application may not have been approved in November, even though your priority date appeared to be current. Your application should remain pending until the priority cut-off date advances. The State Department projects that this could occur in August or September 2014, although forward movement is not guaranteed and depends on visa number usage. Until the EB-2 India cut-off date advances, you and your family members should continue to be eligible for employment authorization and advance permission to travel as adjustment applicants.

The number of adjustment applications affected by the early exhaustion in November is unknown. EB-2 immigrant visa numbers remain available for cases with priority dates of November 2004 and earlier.

Fragomen closely monitors cases and priority date advancements and will provide further updates as more information about immigrant visa availability is released.