Quota backlog grows for EB-2 and Indian Nationals

The January 2008 Department of State Visa Bulletin provides more discouraging news with predictions that the employment-based second preference (EB-2: members of the professions with advanced degrees and individuals of exceptional ability) is likely to become oversubscribed and unavailable for the remainder of the fiscal year (until October 1, 2008) within the next few months. Once this happens, all employment-based second preference applicants will be unable to apply for adjustment of status and obtain employment-based work authorization (EAD cards) or travel permission (advance parole). These individuals may, under certain circumstnces, be eligible for H-1B extensions. For Indian nationals, this category retrogressed two years to January 1, 2000, representing a longer wait than that for unskilled workers. Significant forward progress in the quota cut-off date is extremely unlikely for the foreseeable future.