a*****8
发帖数: 261 | 1 公司律师发了信， PD back to 08/15/2007
米国真是个 Wang BD...
Executive Summary
A senior State Department official has confirmed that the EB-2 cut-off date
for mainland China and India will retrogress to August 15, 2007 in the May
Visa Bulletin, which is expected early next month.
The EB-2 priority date cut-off for mainland China and India will retrogress
to August 15, 2007 in May of this year, according to Charles Oppenheim, the
senior State Department official responsible for visa control. The new cut-
off date is to be officially announced in early April, when the May
2012 Visa Bulletin is issued. It will take effect on May 1, 2012.
As Fragomen has reported, Mr. Oppenheim recently alerted the immigration
community to the likelihood of EB-2 retrogression for India and mainland
China, but until now had not provided an exact cut-off date.
The main reason for the retrogression is that U.S. Citizenship and
Immigration Services has been processing greater numbers of pending
adjustment applications and has requested more EB-2 immigrant visa numbers
as a result. Higher demand for EB-1 extraordinary ability visa numbers is
also a factor. Under immigrant visa rules, unused EB-1 numbers “spill down”
and are added to the EB-2 quota. But with more EB-1 adjustments being filed,
a surplus is unlikely.
The State Department projections do not affect the availability of EB-3
numbers or EB-2 numbers for countries other than mainland China and India.
What Foreign National Employees Should Do Now
Eligible EB-2s (those who have an approved I-140) who were born in India or
mainland China and have a current priority date need to have an adjustment
of status or immigrant visa application (at a U.S. consulate) on file with
and received by the government no later than April 30, 2012 – before the
May 2012 Visa Bulletin becomes effective. When retrogression takes effect on
May 1, a foreign national whose priority date is August 15, 2007 or later
will be unable to file until an immigrant visa number once again becomes
available (i.e. when the priority date is again current).
Those with a newly-acquired foreign spouse, a foreign spouse living abroad
and/or children under the age of 21 also need to take steps to ensure that
their family members remain eligible for permanent residence as derivative
beneficiaries. Please call our office to speak to an attorney if this
applies to you.
Affected EB-2s should contact their designated Fragomen professional as soon
as possible to discuss the impact of retrogression on their cases.
**Note: If an adjustment of status is already pending on your behalf USCIS
and is not approved before May 1, 2012, AND if your priority date is no
longer current under the new visa bulletin, USCIS will be unable to complete
adjudication of your case and will place it on hold until the priority date
is current again. You will still be able to receive EAD and AP extensions
while the case is on hold. |
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