On 7 September 2022, the United States Department of State (DOS) released the October Visa Bulletin, which revealed that the employment-based second preference category (EB-2) final action date for applicants born in India will retrogress from 1 December 2014 to 1 April 2012. This change will be effective on 1 October, the commencement of the Federal Government’s new fiscal year (FY). The India EB-2 filing date cut-off will also experience substantial retrogression from 1 January 2015 to 1 May 2012.
DOS advised that heavy applicant demand for India EB-2 immigrant visa numbers, coupled with significantly lower availability of numbers in that category for FY 2023, required this corrective action “to keep use within the maximum allowed under the FY-2023 annual limits.”
A Tax Alert prepared by EY Law LLP, and attached below, provides additional details.
