INDIANS NOW SUBJECT TO CUTOFF DATES IN EB-2 AND EB-3 CATEGORIES

After several months of unavailability of any visas in the EB-2 and EB-3 employment permanent residency visa categories for Indian nationals, the Department of State has instituted cut-off dates in these categories. Visas are only being issued to EB-2 applicants with priority dates of 8 August 1994 or earlier and to EB-3 applicants with priority dates of 1 January 1994 or earlier. The following statement was issued by the Department of State regarding the shortage of visas in these categories:

"INDIA Employment Second and Third preferences: These categories are oversubscribed, and cut-off dates have been established due to heavy applicant demand, primarily for INS adjustment of status cases. During FY-1997, 2,803 visa numbers are provided by law for each of these INDIA categories. Visa demand is very much in excess of those limits, and cut-off date movement is likely to be slow. If there are unused INDIA Employment First preference numbers which are available to fall into Second preference later in the fiscal year, the movement for that cut-off date may accelerate."

The INS has indicated that it will continue to renew work authorization for Indians who timely filed there applications for adjustment of status but who subsequently became ineligible to adjust due to the retrogression of the priority dates.

As the State Department mentioned, it is quite possible, even likely, that the dates will not advance quickly. Indian nationals who planned on applying in either one of these categories might consider pursuing EB-1 permanent residency instead (assuming the applicant is eligible). The EB-1 category is available to extraordinary ability workers, multinational managers and executives and outstanding researchers and professors.

For those applicants with no other permanent residency options but the EB-2 or EB-3 categories, applicants are advised to start the permanent residency application process earlier. A priority date is assigned to a labor certification application at the time of initial filing of the application with the state labor department. Early filing is especially important if an applicant is in a non-immigrant category of limited duration (such as an H-1B visa holder).

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