Victoria Chen, J.D., Esq.

 

The January Visa Bulletin shows that the cut-off dates for the India and China Employment-Based, second preference (EB-2) category rapidly moved forward by “nearly 10 months, to January 1, 2009.  Now, Chen Immigration Law Associates wants to share the good news of a further advancement in the cut-off date.  The February 2012 Visa Bulletin reports that the cut-off date for those born in India and China applying under EB-2 is now January 1, 2010.

 

What does the Cut-off Date Mean?

 

The cut-off date on the visa bulletin indicates when people may file I-485 to change their immigration status or to apply for a green card via consular processing. Only those whose priority date is earlier than the cut-off date can adjust immigration status or apply for a green card.

 

When is my Priority Date?

 

The priority date is the date the USCIS receives your I-140 application (for the categories where a labor certification is not required) or the date the DOL (Department of Labor) receives the PERM application (for the categories where a labor certification is required). We at Chen Immigration Law Associates does E-filing for all I-140 cases and therefore the priority date is the date we E-file the cases.

 

What Should I do to Benefit from the Rapid-moving Cut-off Date under EB-2?

 

The EB-2 category has excessive demand and therefore has been regarded as oversubscribed.  Until recently, the cut-off date can be 3 or 4 years after an EB-2 approval and therefore it makes people born in India and China hesitant to apply for EB-2 NIW even if they are qualified.

 

However, because the cut-off date has been rapidly moving forward, we at Chen Immigration Law Associates now encourage that perspective applicants apply now as self-petitioners for a National Interest Waiver in order to secure an earlier priority date.  Applying for this category is an applicant’s best option as other categories, such as EB-1A, have extremely high standards to meet qualifications while others require job sponsorship.  The earlier petitioners apply for EB-2 second preference, the better the chance of receiving an earlier priority date, and the faster petitioners/beneficiaries can get their immigration status changed to that of the permanent resident.

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North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With more than 16,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours

With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approved cases grew from 600 in 2013 to over 3,500 in 2019.

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