Per Section D of the October 2014 Visa Bulletin, retrogression of the EB-2 category for India appears to be imminent and could happen as early as November 2014. The October 2014 priority date for EB-2 India is May 1, 2009. This means that Indian applicants in this category with a priority date prior to May 1, 2009, may file adjustment of status (“green card”) applications or have applications approved in October 2014.

The American Immigration Lawyers Association (AILA) and Charlie Oppenheim, Chief of the Department of State’s Visa Control and Reporting Division, recently conversed about current trends and future projections for various immigrant preference categories and, specifically, about the current demand in the EB-2 India category. Primarily because of the large volume of EB-3 to EB-2 “upgrades” for Indian-born applicants, Mr. Oppenheim anticipates a high volume of India EB-2 demand in the coming months, resulting in the retrogression of the cut-off date for that category. The new cut-off date may be in early 2005 and may take effect as early as November 1, 2014. These projections from Mr. Oppenheim are based on his impressions as of early September and are subject to change.

What does this mean? It means that any eligible EB-2 applicants chargeable to India should plan to file for adjustment of status (also known as “permanent residence” or the “green card”) by the end of October 2014.

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