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Immigration for Family 2-A and India Employment 2nd Preference

This is exciting immigration news! For the first time in MANY years, visas Family Based 2-A (the spouses and unmarried children of lawful permanent residents) are current beginning August 1st. Also, there has been MAJOR movement for India Employment Based 2nd Preference visas. For more information, contact Miley & Brown, P.C. at

Family-Based 2-A: For years, the F-2A category has been backlogged from two to five years. However, on August 1st, visas will be current or immediately available for this category for all chargeability areas in August, Further, according to the U.S. Department of State, it "is expected to remain so for the next several months." The Department of State has advanced this category in order to fully utilize the available numbers. DOS states that though demand is high for registered F-2A beneficiaries, there is currently a shortage of applicants who are actively pursuing their cases. This means that, for example, the spouse of a lawful permanent resident who is lawfully in the United States may now file the petition and application for adjustment of status with the Citizenship and Immigration Service.

Employment-Based 2nd Preference (India): The cut-off date for India EB-2 had stalled at September 1, 2004 for the past year, it will advance to January 1, 2008 in August. DOS advanced the India EB-2 cut-off date in an effort to fully utilize the numbers that are available under the overall EB-2 annual limit.

DOS states that in order to maintain number use within the annual limits, some type of "corrective" action, in the form of the establishment and/or retrogression of cut-off dates will be required in FY-2014, and could occur at any time. Members are advised to check their approved F-2A and India EB-3 petitions and for those that will be "current" as of August 1, 2013, prepare to file for adjustment of status or consular processing immediately.

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  • Rated By Super Lawyers Craig E. Miley
  • Rated By Super Lawyers Sarah Z. Brown
  • Rated By Super Lawyers Michael W. Canton
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