Notes D & E: "D. CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CATEGORY IS UNAVAILABLE
Despite the retrogression of the China and
India Employment Second preference cut-off date to August 15, 2007,
numbers by applicants with priority dates
earlier than that date remained excessive. Such demand is primarily
based on cases
which had originally been filed with the U.S.
Citizenship and Immigration Services (USCIS) for adjustment of status
Employment Third preference category, and are
now eligible to be upgraded to Employment Second preference status.
amount of such “upgrade” demand is not
currently being reported, but it was evident that the continued
availability of Employment
Second preference numbers for countries other
than China and India was being jeopardized. Therefore, it was
make the China and India Employment Second
preference category “Unavailable” in early April, and it will remain so
remainder of FY-2012.
Numbers will once again be available for
China and India Employment Second preference cases beginning October 1,
the FY-2013 annual numerical limitations.
Every effort will be made to return the China and India Employment
cut-off date to the May 1, 2010 date which
had been reached in April 2012. Readers should be advised that it is
to accurately estimate how long that may
take, but current indications are that it would definitely not occur
USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings during May,
based on the originally announced May cut-off date.
E. EMPLOYMENT FIRST AND SECOND PREFERENCE VISA AVAILABILITY
Item F of the May Visa Bulletin (number 44)
provided projections regarding visa availability in the coming months.
received from the USCIS after the publication
of that item requires an update in the projections for the Employment
and Second preference categories.
Employment First: Based on the current rate of demand, it may be necessary to establish a cut-off date at the end of the fiscal year in an
effort to limit number use within the annual numerical limit.
Employment Second: Based on the current rate of demand, it may be necessary to establish a cut-off date for this category for all countries
other than China and India. Such action may be required at any time during the next few months.
Please be advised that the above are only estimates for what could happen during the next few months based on applicant demand
patterns experienced in recent months." - DOS, May 8, 2012.