The February and March Visa Bulletins announced that the India EB-2 (employment-based second preference) category is unavailable. This means that natives of India who are the beneficiary of an approved or pending EB2 Immigrant Petition may not apply for permanent residence at this time. According to the U.S. Department of State (DOS), because of increased demand in this category in the fall and through the winter, DOS has indicated that there are no EB-2 immigrant visa numbers remaining for Indian natives in Fiscal Year 2008 (which ends on September 30, 2008). Fiscal Year 2009 visa numbers will become available on October 1, 2008.

The American Immigration Lawyers Association contacted DOS to discuss this issue. DOS indicated that it will closely monitor the usage of visas in the India EB-1 category and will monitor visa numbers sent to consular posts that are returned to DOS for re-allocation. If it appears that India EB-1 category will not exceed the annual limit or any unused visas are returned, the India EB-2 category may become available again in FY2008. This is because unused India EB-1 numbers drop down to the EB-2 category. Such a determination will not be made until the second half of FY2008.