USCIS Begins Issuing Boilerplate I-485 RFEs In Anticipation of Visa Bulletin Movement for EB-2 India in August/September

Earlier this month, the Department of State announced that we are likely to see movement in the August/September Visa Bulletin for EB-2 India, a category that has been stuck at September 1, 2004 for the entire 2013 fiscal year.

In November 2011, India EB-2 began advancing, culminating in a May 1, 2010 advancement under the April 2012 bulletin. However, after assessing the demand for the category, the Department of State began to rapidly retrogress EB-2 India in the May 2012 Visa Bulletin, retrogressing to August 15, 2007, and then to September 1, 2004 in the October 2013 bulletin. Indian foreign nationals who filed adjustment of status applications in 2011 and 2012 who did not have their cases adjudicated before retrogression occurred will have to wait until the bulletin advances again before a visa number (“green card”) becomes available.

In anticipation of the Visa Bulletin advancing for EB-2 India, the USCIS has begun issuing RFEs for pending I-485s that are likely to become current in the next few months. The RFEs request verification of nonimmigrant status as well as confirmation that the permanent job offer still exists.  This action by the USCIS is good news for folks in the EB-2 India queue, as it represents movement to adjudicate or pre-adjudicate cases that have been pending for over a year.

Once the August 2013 Visa Bulletin is issued in early July, we will issue a client alert with the details of all visa progression.