Q1. Where can I find the laws governing the Employment Based Second Preference (EB-2) Immigrant Visa Category?
A1. The statutory requirements may be found in the Immigration and Nationality Act (INA) at Section 203(b)(2). The regulatory requirements may be found in the Title 8 Code of Federal Regulations (8 CFR) at section 204.5(k).
The U.S. Department of State's Immigrant Visa Control and Reporting Division, has confirmed a dramatic reduction in the use of EB-1 immigrant visa numbers and the resulting favorable effect on the EB-2 category for immigrant visas chargeable to India.
DOS advised that demand for visa numbers in the EB1 category has declined significantly. Thus, approximately 12,000 unused EB1 numbers will be available to shift downward to the EB2 category, starting in May 2011.
The U.S. Consulate in Mumbai, India erroneously reported that India EB-2 is current for February 2011. Please note that is FALSE. India EB-2 is backed up to May 2006.
http://mumbai.usconsulate.gov/cut_off_dates.html
According to the February 2011 Visa Bulletin EB-2 India shows a priority date of May 8, 2006.
Click here for the visa bulletin.