Visa Bulletin for November 2014: India EB2 Retrogresses to February 2005

The U.S. Department of State has published the monthly “Visa Bulletin” for November 2014. The Visa Bulletin is a government publication, the primary purpose for which is to provide an updated waiting list for immigrants that are subject to the immigrant quota system.

The November 2014 Visa Bulletin shows slight forward movement in most categories, except employment-based second preference (EB2) for India, which retrogressed from May 1, 2009 to February 15, 2005. The worldwide employment-based third preference (EB3), which had previously retrogressed, moved forward significantly, from October 1, 2011 to June 1, 2012.

It is critical for individuals born in India with pending or approved EB2 petitions, whose priority date is prior to May 1, 2009 and who are eligible for the filing of an adjustment of status, to consider filing for adjustment of status prior to November 1, 2014. An adjustment of status case, filed when the priority date has been reached, will continue to be pending even if the relevant category retrogresses thereafter. The advantage to such a filing would be the ability to renew the applicant’s work permit (employment authorization document) and travel permit (advance parole) until the priority date has been reached again.

Also included in the Visa Bulletin were notes on potential visa availability in the coming months, including but not limited to: no forward movement for India EB2, rapid forward movement for China EB3, rapid forward movement for worldwide EB3, and little if any movement for India EB3.

It is critical for individuals with pending or approved petitions that are subject to annual immigrant number limitations to monitor the Visa Bulletin closely.

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