Thursday, May 24, 2018
Interesting Priority Date Updates from DoS--Rumor that EB-3 India Current by September 2018?
By Andrew M. Wilson
I am sorry to refute what would be a minor miracle, but DoS' Charlie Oppenheim dispelled the rumor that EB-3 India would become current by September 2018. Apparently this misunderstanding stemmed from a hypothetical scenario discussed at a recent Federal Bar Conference. Unfortunately EB-3 India will not be current by September 2018, but low demand could still spur rapid advancement. I would not be surprised if EB-3 India caught up to EB-2 India. For years no one wanted to file an EB-3 India case, and that low volume is helping EB-3 India cases already in the queue.
Mr. Oppenheim does believe that EB-2 India will reach 2009 this year. Interesting he noted that there has been about a 60-75% decrease in EB-3 to EB-2 India upgrades. If that trend holds true, it bodes well for EB-2 advancement as well.
Many Indian nationals are looking to qualify under the EB-1 preference category, which may explain lower EB-3 to EB-2 upgrades, as well as the priority date backlog for EB-1 India. The new strategy may be Indian nationals pursuing EB-5 cases.
Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from our firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.