Each month, the Department of State publishes its Visa Bulletin, which summarizes the availability of immigrant visa numbers for that month. The February Visa Bulletin indicates that visa numbers in the employment-based second preference category (EB-2) (advanced degree professionals, foreign nationals of exceptional ability, and those whose work will be in the national interest) are unavailable to nationals of India. Numbers become unavailable when the demand in a category far exceeds the supply. Some have said that the category could again become available if the demand for India employment-based first preference visa numbers does not exceed the annual limit. In that case, those unused numbers can be added to the EB-2 category.

What this means is that for the time being, Indians with approved petitions in the EB-2 category are precluded from filing adjustment of status applications and requests for ancillary benefits, including applications for employment authorization and advance parole. Therefore, it is imperative that these foreign nationals are vigilant about maintaining their underlying nonimmigrant statuses.