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Unavailability of EB-2 India for September - what does this mean for EB-2 and EB-3 Applicants?
September 11, 2014
Recent news reports suggest that the U.S. Department of State may make EB-2 India "unavailable" until the end of this fiscal year - that is, until September 30, 2014. This means that for the year 2014, the 7% per country cap for EB-2 applicants has likely been already reached or will be reached immediately. While this is a rare move because USCIS fiscal year ends only on September 30, 2014, and not before that, this should not cause panic amongst EB-2 or EB-3 applicants. For applicants whose priority date was current in September - they may still apply for adjustment in the new fiscal year beginning October 1st; and for applicants whose priority date becomes current in October - this announcement does NOT affect them.
What does this mean for me if I am an EB-2 Applicant and my I-140 has been approved?
USCIS fiscal year begins on October 1, 2014. As an example, consider how a new H-1B applicant can only start working on an H-1B on October 1, and not before that. Similarly, the per year country cap for different types of green cards is renewed on October 1 of each year. The fact the EB-2 India is now unavailable until end of September only means that you should not expect any further approvals of EB-2 adjustments in September. You may still be able to adjust after October 1st.
Additionally, you need not worry if your priority date will be current under the October visa bulletin. As mentioned above, visa numbers and visa availability is reset at the start of every fiscal year. Therefore, if your priority date becomes current in October, you can expect to adjust status in October. However, USCIS will probably NOT accept any new filings in September because this year's quota has been reached - which means adjustment of status filings will be likely held for processing until October 1st.
You are likely only affected by this news if you were planning on adjusting status in the month of September. You may now have to wait until October to do so.
Feel free to email our attorneys at firstname.lastname@example.org or call us at 919-932-4593 if you have any questions regarding this issue.