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October 10, 2014
SIGNIFICANT RETROGRESSION IN EB-2 INDIA VISA
AVAILABILITY BEGINNING IN NOVEMBER
Visa availability in the long backlogged employment-based second preference (EB-2) category for
Indian nationals has advanced significantly in recent months. As of October 2014, for example, U.S.
Citizenship and Immigration Services (USCIS) is accepting and approving adjustment of status
applications from Indian nationals with EB-2 priority dates of May 1, 2009 or earlier. Although still a
long time to wait, the May 2009 date represents a significant, and welcomed, jump ahead from
backlogs of 2004 just a few months earlier.
Unfortunately, due to the extraordinary high demand brought about by this rapid advancement, the
State Department’s Visa Office announced that as of November 2014 it will stop allocating visa
numbers to Indian adjustment of status applicants with EB-2 priority dates after February 15, 2005.
Even worse, the Visa Office has recently confirmed that the “cut-off” priority date for EB-2 India is
expected to remain stuck at February 2005 for some time.
If you have employees with EB-2 India priority dates between February 2005 and May 2009 whose
adjustment of status applications were not adjudicated before this recent retrogression, their
applications will remain pending with USCIS until the priority dates again advance. In the meantime,
these applicants and their immediate family members will continue to be eligible to apply for extensions
of employment and travel authorization while they await the forward movement of the EB-2 India priority
date.
“Optimized” Processing for First-Time Canadian TN Applicants
Last month, U.S. Customs and Border Protection (CBP) announced an initiative aimed at improving
processing for first-time Canadian TN (Trade NAFTA) and L (multinational manager or specialized
knowledge professional) applicants seeking admission at a Canadian port of entry (POE). Although
Canadian TN and L applicants may continue to apply at any POE, CBP has designated 14 POEs as
“optimized” processing posts for first-time TN and L applications. Presumably, these posts will be
amply staffed with officers with the knowledge and experience necessary to properly adjudicate initial
TN and L applications. A full list of the POEs (which include Pearson Airport in Toronto, Trudeau
(Dorval) Airport in Montreal, and the Peace Bridge in Buffalo, NY, is available at
http://www.cbp.gov/travel/international-visitors/canada-mexico-travel/traveling-tn-or-l-1-visa-canada.
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CBP Announces New Mobile Passport Control App to Expedite Entry for U.S. Citizens and
Canadian Visitors
Recently, CBP announced the launch of an mobile app designed to expedite the U.S. entry process for
U.S. citizens and Canadian visitors. The app, known as Mobile Passport Control (MPC), allows
travelers to submit their passport information and customs declaration form via a smartphone or tablet
upon landing and prior to CBP inspection. Applicants using MPC can then proceed directly to a
designated MPC “express lane” at the airport for processing.
Although MPC is currently only available for use at the Hartsfield-Jackson Atlanta International Airport,
the program is expected to expand to several additional airports later this year. Additional information
about the Mobile Passport Control pilot program can be found at http://www.cbp.gov/travel/uscitizens/mobilepassportcontrol.
***
About Kramer Levin's Business Immigration Group
Chambers USA and Chambers Global have consistently ranked Kramer Levin's Business Immigration
Group within the top tier (Band One) of immigration practices. We are one of only two firms in New York
to be so listed, and one of only six firms throughout the entire country to have this ranking. Our lawyers
have been recognized for their excellence by Best Lawyers in America, Legal 500, Lawdragon, The
International Who's Who of Business Lawyers (Corporate Immigration), Human Resource Executive
and New York Super Lawyers. Ted Ruthizer was named New York's Immigration Lawyer of the Year
for 2010 by Best Lawyers. We act as immigration counsel to many leading multinational companies in
all sectors of the economy.
Earlier editions of our Client Alert are available at www.kramerlevin.com. Click on the tab
"Practices,"→"Business Immigration" →"Publications."
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© 2014 Kramer Levin Naftalis & Frankel LLP
***
If you have any questions or need additional information, please feel free to contact any member of our
Business Immigration Group. This memo was authored by the following attorneys:
Ted Ruthizer
Partner
[email protected]
212.715.9421
Jennifer R. Danzo
Associate
[email protected]
212.715.9270
Jeffrey A. Barlekamp
Associate
[email protected]
212.715.9241
Mark D. Koestler
Partner
[email protected]
212.715.9385
Allison D. Gray
Associate
[email protected]
212.715.9439
Veena Mohandoss
Associate
[email protected]
212.715.9135
Matthew S. Dunn
Partner
[email protected]
212.715.9408
William Johnson
Associate
[email protected]
212.715.9454
Fabienne Arrighi
Counsel
[email protected]
+(33)1.44.09.46.00
***
This memorandum provides general information on legal issues and developments of interest to our
clients and friends. It is not intended to provide legal advice. Readers should seek specific legal advice
before taking any action with respect to the matters we discuss here. Should you have any questions or
wish to discuss any of the issues raised in this memorandum, please call your Kramer Levin contact.
Kramer Levin Naftalis & Frankel LLP
1177 Avenue of the Americas
New York, NY 10036
Phone: 212.715.9100
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Phone: 650.752.1700
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Phone: (33-1) 44 09 46 00