Update: EB2 Priority Date Internal Retrogression in Effect

The Department of State has confirmed with immigration law representatives that, due to high demand, Employment-Based Second Preference priority dates for India and mainland China have internally retrogressed to August 15, 2007. As of March 23, 2012, USCIS can no longer approve EB2 adjustment of status applications with priority dates on or after August 15, 2007.

It is unlikely that the Department of State will amend the April 2012 Visa Bulletin, which has already been announced. USCIS will likely continue to accept and process new EB2 I-485 applications with priority dates on or before May 1, 2010 through the end of April, in accordance with the Bulletin. However, such applications cannot be approved until visa numbers again become available. This will mean that USCIS will accept applications with priority dates listed as current in the Bulletin. Processing will include adjudication of applications for Employment Authorization and Advanced Parole (I-765 and I-131). The actual I-485 application in these cases will be marked status pending. Having a valid Employment Authorization Document (EAD) and Advanced Parole is beneficial, as it allows intending immigrants more freedoms while I-485 cases remain pending.

We will continue to post as procedural updates become available.

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