1/10/2008 - EB-2 for India Closes Mid-Month, Per U.S. Department of State
The U.S. Department of State released the Immigrant Visa Bulletin for February, 2008 on January 9, and in a somewhat surprising move indicated that not only were Second Employment-Based Preference ("EB-2") immigrant visa numbers now totally unavailable for foreign nationals chargeable to India, but that they were unavailable effective immediately.
Normally, Visa Bulletins are released mid-month for the following month and become effective on the first day of the following month. Indeed, the rest of the February Visa Bulletin becomes effective February 1. The EB-2 category for India, however, was listed as "Unavailable" - meaning that, effective immediately, no new Adjustment of Status Applications can be filed under this category and no pending Adjustment of Status Applications or Applications for processing through U.S. consular posts abroad can be adjudicated for those chargeable to India in the EB-2 category.
Foreign nationals chargeable to India with pending cases in this category will not see these cases approved until this category again becomes current, no matter how close they believed they were to final adjudication based on published processing times or visa availability. Foreign nationals chargeable to India, or who were hoping soon to file cases in this category will not be able to file these cases until immigrant visas become available once again, and even those with priority dates which were current under the January Visa Bulletin will not even have until the end of this month to file as they ordinarily would in such a circumstance.
Most immediately, foreign nationals chargeable to India with pending cases in the EB-2 category or who were about to file final-stage permanent residence cases in this category. Also, employers who had sponsored such cases and were depending upon these workers obtaining permanent residence. Anyone else in the permanent residence process should be forewarned that such surprises are a possibility.