Advancements for EB-2 India and China in State Department Visa Bulletin

There is good news ahead for foreign nationals waiting to file their employment-based green card applications under the EB-2 category. The March 2015 Department of State Visa Bulletin has advanced the EB-2 India cut-off date from September 1, 2005 to January 1, 2007. Charles Oppenheim, Chief of the Visa Control and Reporting Division, anticipates that EB-2 India will continue to advance throughout the fiscal year though probably not as significantly as the 16 month leap for March. The advancement is much welcomed after EB-2 India retrogressed by four years just a few months ago.

EB-2 China will also advance more than five months from March 15, 2010 to September 1, 2010. Due to the large amount of Indian and Chinese nationals being sponsored for green cards by their employers, as well as the limited number of available green cards permitted each year by law, there has been a significant backlog for those seeking to file their green card applications.

If a foreign national’s priority date is on or later than the cut-off date, as listed on the monthly visa bulletin, the individual must wait until the priority date becomes “current”, i.e., earlier than the date listed in the Visa Bulletin. A foreign national’s priority date is the date that determines an individual’s place in line for lawful permanent resident status, or a “green card.” For most employment-based green cards, it is the date that the labor certification application (PERM) was filed with the Department of Labor. Employees are eligible for the EB-2 category if the position for which they are being sponsored by their employer requires at least a bachelor’s degree plus five years of experience, or a master’s degree.

For more information on when individuals seeking permanent residence can file their green card applications with USCIS, please contact an attorney at Minsky, McCormick & Hallagan, P.C. for assistance.