Predictions for EB2 / EB3 India Cutoff Dates

Last night, Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), was the featured speaker at the American Immigration Lawyers Association (AILA) D.C. Chapter meeting. During his talk, he provided some updated predictions regarding the employment-based, second (EB2) and third preference (EB3) category for people born in India.

EB2 India: Expected to Advance and then Hold for the Remainder of the Fiscal Year

Mr. Oppenheim advised that the cutoff date for India in the EB2 category is expected to advance to March 15, 2009, starting with the July 2018 Visa Bulletin. It is then expected to remain constant at that cutoff date for the rest of the fiscal year.

EB3 India: Advancement Expected in Near Future

Between October 2017, which was the first month of the current fiscal year, and June 2018, the cutoff date in the final action (FA) chart for EB3 India has leaped forward a total of more than 18 months, with the most significant progression occurring between March and April 2018, when the priority date advanced by 12 months. Despite these advancements, Mr. Oppenheim stated that corresponding demand for visa numbers in the category does not appear to have materialized. Consequently, he expects continued forward movement in the EB3 category for India throughout the summer. At this time, Mr. Oppenheim does not have enough information to share the anticipated cutoffs in EB3 India for July forward. He advised that, in the case of greater demand being generated sooner than anticipated, sharp retrogression could be possible. Alternatively, advancement could be slowed if an EB3 downgrade phenomenon (similar to that observed for Chinese nationals in previous months) were to occur. Further updates will be provided as information becomes available.

These are Predictions – Not Guarantees

It is important to note that these are Mr. Oppenheim’s current predictions. Circumstances could change that would prevent any advancement from occurring. And, of course, even if forward progress occurs, it can still be retrogressed at a later date.

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