Visa Bulletin for June 2011
05/13/2011
EB-2 Visa Availability in June and Prediction of State Department for the Rest of FY 2011 (09/30/2011):
As mentioned in the May Visa Bulletin, Section 202(a)(5) of the Immigration and Nationality Act (INA) prescribes rules for the use of potentially “otherwise unused” EB numbers. During May the India EB-2 cut-off date is governing the use of such numbers, because India had reached its EB-2 annual limit. Since October there has been heavy demand by applicants "upgrading" their status from EB-3 to EB-2. The rapid forward movement of the India EB-2 cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new "upgrade" demand has been minimal; this has allowed the EB-2 cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India EB-2. Note that under INA Section 203(e) all of the “otherwise unused” numbers must be provided strictly in priority date order regardless of the applicant’s chargeability. Cut-off date movement for upcoming months cannot be guaranteed, and because of the variables involved, no assumptions should be made until the dates are formally announced. Should there be a sudden or significant increase in India and China EB-2 demand it may be necessary to slow, stop, or retrogress that cut-off date as we approach the end of fiscal year 2011.
As mentioned in the May Visa Bulletin, Section 202(a)(5) of the Immigration and Nationality Act (INA) prescribes rules for the use of potentially “otherwise unused” EB numbers. During May the India EB-2 cut-off date is governing the use of such numbers, because India had reached its EB-2 annual limit. Since October there has been heavy demand by applicants "upgrading" their status from EB-3 to EB-2. The rapid forward movement of the India EB-2 cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new "upgrade" demand has been minimal; this has allowed the EB-2 cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India EB-2. Note that under INA Section 203(e) all of the “otherwise unused” numbers must be provided strictly in priority date order regardless of the applicant’s chargeability. Cut-off date movement for upcoming months cannot be guaranteed, and because of the variables involved, no assumptions should be made until the dates are formally announced. Should there be a sudden or significant increase in India and China EB-2 demand it may be necessary to slow, stop, or retrogress that cut-off date as we approach the end of fiscal year 2011.
For more details, please see: http://travel.state.gov/visa/bulletin/bulletin_1360.html
Source:DOS/Oh Law
