News Update - April 9, 2011May Visa Bulletin Movement On China And India Born EB-2 CategoryContrary to the expectations of many writers last week that the EB-2 category for members of the professions holding advanced degrees or persons of exceptional ability would jump in May by years for natives of China and India due to the fall down of unused EB-1 priority worker visas, the result was disappointing. With the release of the May visa chart on April 8, 2011, the EB-2 category for China born moved from July 22, 2006 to August 1, 2006, and for India born from May 8, 2006 to July 1, 2006. The reason for the smaller than anticipated jump appears to be that the released EB-1 numbers could not make much of a dent into the highly populated EB-2 category of India. Since the Department of State awards immigrant visa numbers in a particular category chronologically by date of filing, and as there were many Indian-born applicants with earlier priority dates than those from China, the bulk of the unused numbers went to India. Hopefully applicants who were expecting a monumental change in the visa availability dates have not already expended time and money in hopes of immediate immigration if their priority dates are not within the May visa bulletin dates.
† The author is a 30+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004. ‡ This article © 2011 Alan Lee, Esq.
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Copyright © 2003-2012 Alan Lee,
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