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EB-2 Visa Numbers Retrogression Possible - Act Now to Establish a Priority Date!

While EB-2 numbers for India have shown rapid movement in 2011 and continue their recent rapid progression, the Department of State believes this may not last. This warning was included in the February 2012 Visa Bulletin:

Employment Second:

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.

Therefore, it is important to act now to initiate your PERM based Green Card application. Do not wait until the last moment. As of now, the prevailing wage process (preliminary step in PERM processing) is taking anywhere between 8 to 12 weeks. The rest of the process involves mandatory processing (60 days) and could take longer based on recruitment delays. Therefore, if you are in your second three year stint in H status, do not delay discussing the PERM based Green Card process with your employer today!

 

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