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Global Immigration Team Releases Client Alert

May 3, 2012

The U.S. Department of State (DOS) has announced that the annual limit in the EB-2 category for India and China-mainland born applicants has been reached as of April 11, 2012.  This means that no green card applications in these categories will be approved until the beginning of the new fiscal year, which begins on October 1, 2012.  However, U.S. Citizenship and Immigration Services (USCIS) will nevertheless continue to accept adjustment of status applications received for aliens with priority dates prior to the dates established in the May 2012 Visa Bulletin, though these cases will be held in abeyance until October 1, 2012, when FY2013 immigrant visa numbers become available. EB-2 India /China applicants with priority dates earlier than August 15, 2007 can continue to file through May 31, 2012.

Our office will continue to work with eligible EB-2 Indian and Chinese nationals with current priority dates to ensure that their adjustment of status applications are filed and timely received by USCIS. If you have any questions about the handling of your Green Card application or how the DOS announcement effects your current Green Card application, please contact a member of the MVA Immigration Team.