February 2012 Visa Bulletin moves EB-2 Priority Dates dramatically forward for India and China; EB-3 remains relatively static
01/09/2012
In yet another significant move, the U.S. Department of State's February 2012 Visa Bulletin advanced the EB-2 priority date cut-offs for nationals of India and China to January 1, 2010. This represents a full, one-year advancement over the State Department's previous Visa Bulletin issued in January 2012. While the January Visa Bulletin brought welcome news to a large number of Indian and Chinese nationals with advanced degrees, the February 2012 Visa Bulletin is certain to bring further relief to nationals in the EB-2 category from both countries. Beginning on February 1, Indian and Chinese nationals who possess an EB-2 Priority Date of January 1, 2010 or prior will become eligible to file Form I-485, Adjustment of Status (AOS) Applications for themselves and their dependent family members.
The February Visa Bulletin is remarkable because it brings the EB-2 visa backlog for nationals of India and China to a relatively manageable two-year period. Nonetheless, as we cautioned when the January 2012 Visa Bulletin was issued, it should be noted EB-2 retrogression is possible in the coming months, particularly if USCIS receives a larger than expected number of AOS applications in February 2012.
Unlike the EB-2 category, however, the Visa Bulletin brings barely any relief to aliens with EB-3 priority dates. In the case of Indian nationals, the February Visa Bulletin remains unchanged from the previous month. EB-3 priority dates for professionals and skilled workers will advance as follows:
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EB-3 India: August 15, 2002 (a one-week improvement);
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EB-3 China: December 1, 2004 (a month and a half or a six-week improvement); and,
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EB-3 (all other countries) February 22, 2006 (a three-week improvement).
Please access the February Visa Bulletin for information on other employment-based visa classifications.