Visa Bulletin Update: China and India EB-2 Visa Annual Limit Reached for FY2012

The Department of State has announced that the annual limit of EB-2 (employment based second preference) category visas for mainland born China and India has been reached. They notified USCIS on April 11, 2012, that no further visas for those categories would be granted. This corrective action was forecast as a possibility in Section D of the May 2012 Visa Bulletin.

The United States Citizenship and Immigration Service will continue to accept applications for adjustment of status based upon cut-off dates published in the April and May 2012 Visa Bulletins, however requests from USCIS service centers and field offices for visas in the EB-2 category for China-mainland born and India will be placed on hold the by the Department of State for authorization in FY2013, beginning on October 1, 2012.

Visa applicants with appointments in April at consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established. USCIS will continue to accept adjustment applications for Chinese and Indian nationals with priority dates established in the April 2012 Visa Bulletin. Cases with priority dates of August 15, 2007 or later, will be pre-adjudicated and held in a “pending” file until new visas are available for FY2013 on October 1, 2012.

The Law Offices of Dayna Kelly will continue to update it’s readers of new developments.

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