The Department of States’ Chief of Visa Control and Reporting, Charlie Oppenheim, has released an updated statement to the American Immigration Lawyers Association regarding Employment-Based Second Preference priority dates. Mr. Oppenheim has confirmed that the Department of State’s May 2012 Visa Bulletin will reflect retrogression of EB2 priority dates for India and mainland China to August 15, 2007. USCIS will continue to “preadjudicate” cases submitted through April and will place these cases on hold until visa numbers become available again. Such cases will be marked as status “pending.”
The priority date process can be confusing and frustrating at times. Dates retrogress when the demand for immigrant visas from certain countries is very high. The Department of State retrogresses priority dates in high demand areas in order to ensure availability to a wide variety of people. Once the demand for immigrant visas in this category levels, the dates will again begin to move forward.