On Friday, January 6th, the Department of State released its February 2012 Visa Bulletin, indicating continued advancement in the cut-off dates for persons born in India and China in the Employment-Based Second Preference ("EB-2") category¹. Since the January 2012 Visa Bulletin was released on December 8, 2011, EB-2 India and China moved forward an entire year. The Employment-Based Third Preference ("EB-3") category advanced only three weeks for all countries during the same period, except China which advanced 6 weeks, and India which advanced only 1 week.

According to the Department of State's Visa Office, the dramatic advancement of EB-2 India and China cut-off dates is due to continued low filing rates for persons born in these two countries. The forward movement will enable thousands of persons who have been waiting in the green card queue to progress to the final stage of the process during the month of February. The Visa Office warns, however, that the advancement may stop, and possibly retrogress in the near future. As stated in the bulletin:

China and India: Reports from U.S. Citizenship and Immigration Services (USCIS) indicate that the rate of new filings for adjustment of status in recent months has been extremely low. This fact has required the continued rapid forward movement of the cut-off date, in an attempt to generate demand and maximize number use under the annual limit. Once the level of new filings or USCIS processing increases significantly, it will be necessary to slow or stop the movement of the cut-off. Readers are once again advised that an eventual need to retrogress the cut-off date is also a distinct possibility.

Foreign nationals with priority dates earlier than the cut-off dates below, or where noted as "current", may file, or be approved for, an adjustment of status application in the month of February 2012. They may also be approved for an immigrant visa abroad:

EB-1 Worldwide:		Current
EB-2 Worldwide (excluding China and India):		Current
EB-2 China and India:		January 1, 2010 (forward movement of 12 months)
EB-3 Worldwide (excluding China, India and Mexico):		February 22, 2006 (forward movement of 3 weeks)
EB-3 China:		December 1, 2004 (forward movement of 6 weeks)
EB-3 India:		August 15, 2002 (forward movement of 1 week)
EB-3 Mexico:		February 22, 2006 (forward movement of 3 weeks)

The full February 2012 Visa Bulletin is available at the link below:
http://travel.state.gov/visa/bulletin/bulletin_5640.html

We will be contacting clients over the next several days who are now eligible to file adjustment of status applications due to the EB-2 priority date advancement. Individuals who previously filed adjustment of status applications, with priority dates that have since retrogressed, and will now have current priority dates in January 2012, may also be able to file adjustment of status applications for dependents. If you have any questions about a specific case, please do not hesitate to contact our firm.

1. The EB-2 category is reserved for foreign nationals who possess either an advanced degree (Master's or higher), or equivalent, or qualify as an "Alien of Exceptional Ability". The equivalent of an advanced degree is defined as bachelor’s degree followed by five years of progressively responsible experience in the field. Note that where a bachelor's degree and five years of experience are used to qualify for EB-2, the bachelor's degree must normally be a 4 year "single source" degree, and must also be deemed equivalent to a U.S. bachelor's degree. Also note that to qualify for EB-2 as advanced degree holder, the position for which the foreign national is being sponsored must actually require an advanced degree or equivalent. For more information on the requirements for EB-2 and EB-3 classification, please visit our website at: http://www.mgplc.com/resources/green_cards.php

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