The U.S. Department of State recently announced that the allotted number  of Employment‐based, Second Preference (EB‐2) immigrant visas for persons born in India have been exhausted for fiscal year 2014. While the USCIS will continue to accept EB‐2 India cases with priority dates prior to May 1, 2009, these cases will be placed on "hold" until new immigrant visa numbers become available on October 1, 2014, the beginning of the new fiscal year.

Upcoming EB‐2 Retrogression

Additionally, as early as November 2014, immigrant visa availability is anticipated to significantly retrogress under the EB‐2 category for persons born in India, from a current cut‐off date of May 1, 2009 to potentially a date in early 2005.

Because of the anticipated significant retrogression, applicants who are currently eligible to apply in September and October should immediately contact their FosterQuan immigration attorneys for assistance in preparing and filing a timely application. While applications cannot be approved until a visa number once again becomes available, applicants will want to take advantage of the benefits afforded applicants for adjustment of status. Applicants with pending Applications to Adjust Status are eligible, along with their dependent family members, for Employment Authorization Documents (EAD cards) and Advance Parole travel documents.