Regression of EB2 visa backlog in December 2007 and CIS prediction of Eb1 visa backlog for Chinese and Indian nationals in 2008.  EB2 visa backlog went back to Jan. 1, 2003 to the Chinese nationals and January 1, 2002 to Indian nationals. This regression will affect EB2NIW applicants as well. Many EB2NIW applicants are frustrated by the current situation.

Our suggestions are the following:

A. If you are subject to the visa backlog and qualified for EB1A or EB1B, please contact us and we will help you file an Eb1 application. If you are not sure, you may email us your updated resume for an evaluation.

B. If you have filed or will file an Eb2NIW, you can change employer while your case is pending or you are waiting for a visa number because of the visa backlog.  Therefore, it is still for your best interest to file your EB2NIW as soon as possible even there is a visa backlog. An Eb2NIW gives you much more freedom than an employer-sponsored Eb2 PERM application because many PERM based green card applications failed due to the long visa backlog waiting. 

C. Currently, the U.S. Congress has been considering some solutions to the visa backlog and H1B visa shortage. If there is any policy change, we will let you know.

Please contact our office if you have further questions. Phone: (626)319-7566 (24 hrs), (626)363-7353. Fax: (626)363-7399. Email: jschenlaw@yahoo.com, Website: www.jingsongchenlawyer.com

Jingsong Chen
J.D., Ph.D.
Attorney At Law  

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