In nature, the Blue Moon is a rare occurrence – it happens only when there are two full moons during one calendar month. Since it takes 28 days to complete a moon cycle, it does not happen too often.
In immigration law, the Blue Moon occurs even more rarely – it is when the Employment-based 2nd Preference (EB-2) category becomes non-current for individuals from the “Rest of the World” (aka, EB-2 applicants from anywhere except China and India).
For only the second time in 20 years, the EB-2 category is not current across the board. Given the rarity with which this event occurs – I am calling it the Blue Moon of Immigration Law.
What is the EB-2 Visa Category?
The EB-2 Category is the second preference visa category for employment-based immigrant petitions. It includes national interest waiver applications, medical physician national interest waiver applications, and normal EB-2 immigrant visa applications (which require PERM labor certifications).
Why Is EB-2 Not Current Across the Board?
Historically, the EB-2 has been current for all applicants except those from India and China. Applicants from India and China have historically had a priority date that was many years back. At the beginning of this year, the priority dates for India and China were advanced significantly – allowing for a massive influx of applicants to seek adjustment of status or consular processing. Unfortunately, the number of applicants greatly exceeded the number expected and the statutory limit on the number of annual EB-2 entrants was met. Once it was obvious that the statutory limitation was going to be met, the Department of State immediately regressed the priority date for China and India, and made the rest of the world non-current.
How Long Will the EB-2 Remain Non-Current?
Luckily, this Blue Moon is not expected to last too long. The State Department has indicated that it expects the situation to change at the beginning of the fiscal year – October 1st. On October 1st, it is expected that the EB-2 for the Rest of the World (aka: anyone other than China and India) will become current again. However, it is expected that China and India EB-2 Priority Dates will remain backlogged and not current.
For a further explanation of the EB-2 Visa Category, please contact a New York EB-2 Visa Lawyer for further explanation.