Eligible Individuals Should Apply For Adjustment Of Status In The EB-2 Category For India

In the latest April 2022 Visa Bulletin, the USCIS is encouraging eligible individuals to apply for adjustment of status in the EB-2 category for filing for India. 

The Date for Filing Employment-Based Visa Applications for an immigrant visa or adjustment of status for the second preference, EB-2, has been advanced for India from September 1, 2013 to September 1, 2014.

Who Is The EB-2 Category For?

The second preference, EB-2, is for applicants with advanced degrees or exceptional ability. To qualify for EB-2, applications would need one of the following:

  • Hold a master’s degree or its foreign equivalent, or a bachelor level degree with a minimum of five years of increasing experience, or
  • Have an exceptional ability in the field of science, arts, or business.

If you are a noncitizen applying for an employment-based green card in the second preference category chargeable to India, and have an approved immigrant visa petition with a priority date earlier than September 1, 2014, the USCIS urges you to apply for adjustment of status this April. To do so, you will need to file Form I-485, which is the Application to Register Permanent Residence or Adjust Status. 

Additionally, you should also file your Form I-693, Report of Medical Examination and Vaccination Record, along with your Form I-485 in order to save time. 

Transferring Pending Adjustment Of Status Applications

The USCIS is also encouraging eligible applicants in the EB-3 category to consider requesting to transfer the underlying basis of their pending adjustment of status applications to the EB-1 or EB-2 category, if they meet all of the following criteria: 

  • They have a pending or approved Form I-140 (Immigrant Petition for Alien Workers)
  • A visa is unavailable to them in the EB-3 category
  • A visa is available in the EB-1 or EB-2 category

If you need more information on applying for employment-based green cards, see our helpful how-to guide regarding this process or visit the USCIS’s website for additional assistance. You can also check out our latest article breaking down the April 2022 Visa Bulletin for more details regarding changed final action dates and dates for filing applications.