Department of State Offers Projections on EB-1 Visa Demand and EB-2 Cutoff Dates

On April 21, the American Immigration Lawyers Association (AILA) spoke with Charles Oppenheim, Chief of the Immigrant Visa Control and  Reporting Division at the U.S. Department of State’s Visa Office regarding his expectations on visa demand for the remainder of fiscal year 2014.

In the course of that discussion, Mr. Oppenheim offered a few projections with regard to EB-1 visa demand and its impact on EB-2 visa availability.  He noted that while it is still too early in the fiscal year to know how many of the allotted 40,040 EB-1 visas will go unused, demand has been higher than it was last fiscal year.  This means that fewer unused EB-1 visas will “spillover” and be available to reallocate to the EB-2 category.

Because fewer visas are likely to be added to the EB-2 pool, he also observed that no changes are anticipated for EB-2 immigrant visa cutoff dates, except with respect to India, which will be the primary beneficiary of the EB-1 spillover. On that point, Oppenheim speculated that by either August or September 2014, it is possible that the EB-2 cutoff dates for India will advance to January 1, 2008 or later.

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