EB-2 Visa Number Retrogression or Predicted Unavailability for Indians and Alternate Chargeability to Country of Parent's Country of Birth

As for the alternate chargeability to the country where the parents were born, the rule states that an alien born in a foreign state in which neither parent was born or had residence at the alien's time of birth is allowed to choose the coutry of parents' birth rather than the country of his birth, provided that at the time of the his/her birth, the parent or parents were stationed in the country of his/her birth under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to the country of his/her birth. In other words, if the parents give a birth in certain country while visiting on a personal pleasure, even if the parents were not resident of the country of his/her birth at the time of his/her birth in the country, rule appears to be that the alternate charge to the country of the parents' country of birth may not be available. Otherwise, he/she will be subject to the general rule of chargeability that if his/her place of birth has undergone changes in political jurisdiction since the time of his or her birth, he is subject to the foreign state limitation of the state, which has jurisdiction over that place of birth at the time of his/her visa application. [Hong Kong is excepted from this rule by a special provision]