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Oppehheim confirms to AILA May EB2 retrogression

Posted on March 23rd, 2012 | Author: admin

AILA has just issued a follow up Practice Alert to the Alert of last Friday concerning the availability of EB2 visas for China and India.  The Chief of the Visa Control and Reporting Division at the U.S. Department of State, Charles Oppenheim has advised AILA that the EB2 priority date will retrograde to August 15, 2007, when the May Visa bulletin is issued.   According to the Alert, the USCIS will continue processing EB2 adjustment applications from China and India (which they refer to as “preadjudication”) if filed by the end of April.  The preadjuicated cases will be held as “pending” just in case the visa numbers reopen during the current fiscal year.  There was no mention of the EB3 regression dates in the Alert.  If you have been thinking of filing for EB2 and you are from China or India, this is not good news at all.  It is also not good news for U.S. employers who need the skills those who qualify for EB2 status have.    The U.S. will fall further and further behind in the international market place until such time as Congress wakes up and reforms this unpredictable and inefficient system of visa allocation.  Make the employer verify that it can not hire from the U.S. work force, but let the marketplace, not arbitrary numbers, govern the number of people who can come and  contribute to the economy of the U.S.