4 Ways to deal with the waiting on your EB2 immigrant visa if you are from India

By: Shah Peerally Esq.

Some time back, the State Department released an EB Demand Data report which shows a sudden unprecedented growth in EB2-India cases since the year 2007. This is about 33 times more, than normal, compared to the number of EB2-India cases that are pending in 2012 as compared to 2007. Comparatively, EB3-India has had a pretty modest growth.

Close on its heels is the news bulletin from November 2012 which brings a fresh dose of disappointment for Indian nationals waiting on their EB2 immigrant visa, all over again. The EB2-India list almost refuses to move and remains stuck in 2007. While most Indians keep wondering, how these dates are arrived at, since it mostly appears to be random and often an endless and never ending wait. Though there is probably a system to the whole functioning and maybe the USCIS and the DOL are actually working at the vast data that they seem to be more and more frequently off late. Indians though do appreciate transparency in the system, while having to deal with waiting on your EB2 immigrant visa.

One cannot but wonder at the reason for the surge in EB3 candidates. The reasoning though might be that many have been for many years now, been making fresh petitions under EB2 because many of the EB3 candidates who are now in senior positions in their professions for have been promoted to an EB2-level position and might have got their Masters degrees. If they add some other qualifications along with that it makes them eligible to apply under the EB2 category.

Let’s check out some suggestions that you can work on while waiting on your EB2 immigrant visa-
1- In cases of those whose families petitions are lagging behind while their own have been approved; you might consider filing for an I-130. Filing for immigrant petition for your family in the family-based, second preference “A” category (FB2A). The family category is subject to limitations and cutoff dates, like other EB categories. With the DOS indicating that the demand for this category dropping the dates are expected to move rapidly.

2- Being on EB2 does not mean you have to wait to file for your adjustment of status or any immigration benefits (even if it is a consular processing) because of this announcement, go ahead with it, especially if your date is current.

3- In case you have an EB2 labor certification filed, make sure that you do not be discouraged while waiting on your EB2 immigrant visa. Do file your new labor certification because right now, there is no confirmation on the retrogression and how it will move. Moreover retrogression does not last forever.

4- In case of a priority date on an approved I-140 EB3 before or on August 2007, and if the visa retrogresses our lawyers can still use this priority date on your EB2.

It is advisable hat you talk to an immigration attorney who will be able to evaluate your options and give you sound advice. For example, you might be eligible for an EB1, a national interest waiver, or some other sort of visas. A good immigration lawyer will always recommended a backup plan; do feel free to contact Shah Peerally Law Group in this regard.

You must remember that as a result of the annual limitations on how many immigrants can actually enter the United States there will be wait and associated trying times for those who are waiting for your EB2 immigrant visa, especially when you try to understand the cutoff dates in the DOS visa bulletin. The above mentioned strategies will help ease the burden though.

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