The Visa Bulletin for September 2015, released by the U.S. Department of State, shows significant retrogression for EB-2 for individuals born in China and India. Specifically, EB-2 China retrogressed from December 14, 2013 in August 2015 to January 1, 2006 and EB-2 India retrogressed from October 1, 2008 to January 1, 2006 also.
What does this mean? Individuals born in India and China whose priority date is December 31, 2005 or earlier consider moving forward and filing the last step in the permanent resident process (i.e. I-485 Application to Adjust Status t Permanent Resident) with the United States Citizenship and Immigration Services (USCIS) by August 31, 2015. For those individuals whose applications are pending USCIS or with a consular post may or may not be able to have their applications adjudicated by August 31st. Adjustment of Status applications will remain pending with USCIS if no final decision may be issued by August 31st; however, Immigrant Visa Applications pending with a consular post abroad will need rescheduled for interview or held in abeyance until the priority date becomes current again.
The good news is that the Federal Government’s new Fiscal Year (2016) will commence on October 1, 2015. And, with that comes a new set of immigrant visas and most likely a forward movement in the cutoff date. The Visa Bulletin for October 2015 will be published by the U.S. Department of State on or about the 10th of September. Hopefully, it will bring with it better news for EB-2 India and China.
Please contact your Maggio + Kattar attorney for further information.