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EB-2 Retrogression for Indian Nationals as of November 20, 2013

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EB-2 Retrogression for Indian Nationals as of November 20, 2013

November 27, 2013 | Tags: EB-2 | EB-3

As Department of State number crunching guru Charles Oppenheim warned earlier this fall during meetings with the American Immigration Lawyers Association (AILA) on October 23, 2013, visa numbers can run out during the month they are considered current. In fact, sources indicate that apparently just happened last week on November 20 for EB-2 Indian nationals, a full 10 days before the end of the month. Adjustment of status cases not adjudicated as of November 20 will now be in limbo, yet again.

Our firm always advises all eligible foreign nationals to file adjustment of status cases as soon as possible in the month when visas become current, but that doesn't inoculate against long pending adjustment of status cases for which the government "resumes processing" in the month they again become current.

Mr. Oppenheim's explanations offer little solace for those in the long queues with roller coaster sensations of becoming "current" in a certain month only to have their cases not adjudicated in time:

Demand for visa numbers is greater than often predicted because of multiple dependent family members.

Many employers in dealing with long visa queues and changing roles for their employees file new PERM labor certification cases seeking EB-2 classification when they have already filed EB-3 PERM labor certification cases for the same employees, yet Mr. Oppenheim's Visa Office can't track this practice.

The ramifications for these Indian nationals and others facing the long journey to obtain permanent residence are frustrating until Congress enacts comprehensive visa reform.

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