Employment-Based Second Preference (EB-2) Unavailable for China and India

Mintz - Immigration Viewpoints
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The Visa Bulletin for June 2012 has recently been published and shows unavailability of immigrant visas in the employment-based second preference (EB-2) category for individuals who are born in China or India. The EB-2 preference category is for prospective immigrants filling positions that require either an advanced degree or a bachelor’s degree and at least five years of experience. The immediate impact of this development is that natives of India and China in the EB-2 category may not be issued immigrant visas or granted adjustment of status. Additionally, qualified individuals from India and China who are in the EB-2 category will be unable to file an I-485 (Adjustment of Status) application until more visa numbers are available.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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