EB2 India Developments from Department of State
We commented recently on the EB-2 India “unavailable” February 2008 Visa Bulletin. As expected, this development created a reason for concern not only among Indian nationals but also from nationals of other countries that the EB-2 visa numbers may become unavailable.
The American Immigration Lawyers Association has approached Charlie Oppenheim, the Chief of Immigrant Visa Control and Reporting at the State Department, for comment on the EB-2 India unavailability. In November 2007 the indications were that that demand for EB-2 India visa numbers would place significant pressure on the overall annual visa limitation, leading to rolling back the priority date for EB-2 India once for December 2007 Visa Bulletin to 01JAN02 and again for January 2008 Visa Bulletin to 01JAN00. Even with those significant retrogressions, there was a demand for 300 EB-2 India visas in December.
It is possible that India EB-2 can become again available if it appears that demand for EB-1 India will not exceed the annual limit but this determination will not be possible until the second half of the fiscal year (April 08 or later).
