Significant Advances in Green Card Cutoff Dates for EB-2 India and EB-2 China

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The Department of State (DOS) has published the Visa Bulletin for October 2011, announcing that the cutoff dates for the EB-2 India and EB-2 China categories will advance by 60 days to July 15, 2007, as of October 1, 2011.

1. Why is this advancement in cutoff dates significant?

This is significant because this is the first time that the large volume of applications filed during the anomalous eight-week period in 2007 has become eligible for approval. In July 2007, the DOS eliminated all cutoff dates from all employment-based (EB) categories, with the result that all foreign nationals seeking EB permanent residence were permitted to file applications for adjustment of status (AOS). This brief window of opportunity lasted approximately eight weeks. Many of these applicants with approved EB immigrant petitions had been waiting for several years for the cutoff dates to advance. While foreign nationals could file AOS applications during this time, these applications could not be approved once this window had closed and cutoff dates had retrogressed. As of October 1, 2011, cutoff dates for the EB-2 India and EB-2 China categories will advance through July 15, 2007, allowing United States Citizenship and Immigration Services (USCIS) to approve the green card applications for foreign nationals in these categories with priority dates of July 15, 2007 or earlier.

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Morgan Lewis on:

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