As we mentioned last week, the Department of State (DOS) has confirmed that Employment-Based, Second Preference priority dates have retrogressed for applicants from India and mainland China. The DOS will not issue any new visas to EB2 adjustment applicants from these areas with priority dates after August 15, 2007. However, visa applicants whose applications are being processed at consular posts in April may be issued visas, as those numbers were allocated before the dates retrogressed.
USCIS will continue to accept and process applications for adjustment according to the priority dates listed in the DOS’ April 2012 Visa Bulletin. All applications with EB2 priority dates after August 15, 2007 received during this time will be forwarded to Visa Control at the DOS to be held in a “Pending” file until new visas become available. New visa numbers are not expected to become available until the start of the Fiscal Year 2013 beginning on October 1, 2012.
The May 2012 Visa Bulletin is expected to address the EB2 movement.