China -  Chinese law firm

New rules for Eb-2 Immigrant Visa Category

Q: Who will be affected by the new rules for the EB-2 Immigrant Visa Category?

A: The EB-2 Immigrant Visa Category (Employment-Based Second Preference Immigrant Visa Category) is reserved for members of the professions holding advanced degrees or their equivalent, and individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. The new rules will definitely affect these applicants and specifically affect mainland-China born and Indian nationals.

Q: What’s the substantive influence on the EB-2 Immigrant Visa Category applicants by the new rules?

A: According to the new rules, the priority date cutoff for the EB-2 immigrant visa category for mainland-China born and Indian nationals will return to August 15, 2007.Which means any cases with a priority date that is current in the April 2012 Visa Bulletin can still file their final application (I-485) until May 1, and, if already pending at USCIS, can continue to be approved. However, any Indian and Chinese (mainland-China born) EB-2 cases pending on May 1, with a priority date after August 15, 2007, cannot be adjudicated until the priority date becomes current again.

Q: What the significance of the new rules?

A: There exist a quota/limited number of qualified individuals for permanent residence (the so-called "green card") in employment-based categories. The new rules is an attempt by the State Department to calibrate the flow of applications, to make sure the quota for this fiscal year is fully utilized.


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