The Department of State set the Date for Filing, known as the application date, for the EB-2 category for India from September 1, 2013, to September 1, 2014. This is for applications for an immigrant visa or adjustment of status for employment-based, second preference visas.

If you have an approved noncitizen immigrant visa petition in the EB-2 category for India and a priority date prior to September 1, 2014, U.S. Citizenship and Immigration Services (USCIS) encourages you to file an adjustment of status in April. Documentation requirements include the Report of Medical Examination and Vaccination Report, Form I-693, along with the I-485. Although not required to file both simultaneously, filing them together may eliminate potential Request for Evidence requests, which may slow down the processing of your filing. In addition, by filing these documents at the same time, the possibility of adjudication delays is minimized. Per the USCIS, it may also avoid the need to be interviewed.

USCIS continues to recommend and encourage qualifying individuals to transfer the underlying basis of their adjustment of status to the EB-1 or EB-2 category if the following conditions are met:

• Visa is unavailable in the EB-3 category
• Pending or approved Immigrant Petition for Alien Workers, Form I-140
• Visa is available in the EB-1 or EB-2 category.

For more information, please see the Green Card for Employment-Based Immigrants page and the Visa Availability and Priority Dates page. If you have questions about your noncitizen immigrant visa petition, contact us at ImmigrationUSA. We have extensive experience with upgrading and downgrading immigrant visa petitions to maximize the odds of a positive outcome for our clients.