It is old news by now that the June visa bulletin shows that the EB-2 category for China & India show "U" for unavailable. This means that no one born in India and China can file in the EB-2 category (unless you qualify for cross-chargeability; see last week's post). The Department of State reports that the EB-2 category for India and China will be unavailable for the rest of the year. DOS also reports that it may be spring 2013 before the May 10, 2010 priority date is restored for China and India EB-2.
Further, DOS states that depending on future demand, it may even be necessary to set a cut-off date for the EB-1 categories, and/or for all other countries for EB-2. The visa bulletin states that these are only estimates, and depends on future demand for these categories.
What does this mean for you?
If you are considering filing for permanent residence in the EB-1 or EB-2 categories, you may want to consider filing earlier rather than later. Why file when there are no numbers available, or if they may retrogress? There are many benefits to filing now. First, remember that you can file the I-140 petition at any time, whether a visa is immediately available or not. Also, remember that in the fast-track scenario (in which a labor certification is not required), filing the I-140 petition is the event that sets the all-important priority date. With that in mind, here are some other points to consider as you devise your strategy:
Have questions? Please feel free to contact Attorney Emily Sumner at firstname.lastname@example.org to set a consultation to develop your visa bulletin blues-busting strategy!