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State Department States India EB-2 Visa Availability Will Increase

March 29, 2011

The Department of State Chief of Immigrant Visa Control and Reporting Division, Charlie Oppenheim, announced that more EB-2 visa numbers will become available due to dramatic reduction in the use of EB-1 numbers.

Chief Oppenheim told the American Immigration Lawyers Association, “CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”

Based on this news, it appears likely that more visa numbers will become available for Indian foreign nationals with cases pending in the EB-2 category in May 2011. The State Department has not yet released the Visa Bulletin for May.