Worldwide EB-2 Visa Numbers Expected to Retrogress in 2006

According to an AILA report posted on October 6, 2005, the U.S. Department of State (DOS) estimates that worldwide EB-2 visa numbers are likely to start retrogressing as early as January 2006. Once the visa numbers start retrogressing, an alien who is filing EB-2 (including NIW) petition will no longer be eligible to file the Form I-485 concurrently. In addition, those who already filed the I-140 concurrently with the I-485 may experience delays in the final adjudication of the I-485, depending on retrogression period and the individual's priority date.

As of October 1, 2005, nationals of China and India were already subject to serious visa number retrogression (cut-off dates retrogressed five years or more).

It is very important for you to take advantage of the limited window to file an EB-2 NIW/I-485 petition or after approval of the Labor Certification, file an I-140/I-485 petition now, if you are not from China and India. It is also of significant benefit for Chinese and Indians to file EB-2NIW petitions or PERM petitions earlier so that you can receive an earlier priority date.

At Zhang & Associates, we shoulder your American Dream.

(10/07/2005)

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