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EB-2 India Predictions from State Dept.

October 21, 2014

On October 15, 2014, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State disclosed during a meeting with AILA that the EB-2 India retrogression to February 15, 2005 in November 2014 (Nov visa bulletin), means that individuals whose priority dates are earlier than May 1, 2009 should consider filing their adjustment of status applications before the end of October.  Mr. Oppenheim further stated that EB-2 India will unfortunately not see a forward movement for the foreseeable future.

Mr. Oppenheim’s response pertaining to unused visa numbers: Mr. Oppenheim confirmed that there are approximately 220,000 family and employment-based visas that have gone unused, most of which can be attributed to the period between 1992 and 1997. Prior to the “dot com bubble,” demand was usually insufficient to use all of the available employment-based visa numbers in any given fiscal year. Since then, the increase in demand for labor in the IT sector and improved interagency processes have contributed to greater use of employment-based visa numbers in the fiscal year for which they were allocated. In the past, such unused numbers have only been recaptured through legislative action. (Source: AILA)

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