Labor Immigration Law

United States Labor Immigration Law News and Analysis

EB-2 Articles

EB-2 stands for “employment-based second category” and refers to a type of immigrant visa issued to professionals holding advanced degrees or their equivalent. One of the benefits of this category is relatively short visa number backlog for most countries. We have successfully processed a high number and variety of EB-2 immigrant petitions. If you would like to learn more about our immigration law practice or if you would like to request our services, please contact us.


Visa Bulletin Updates from Mr. Charles Oppenheim (June 2015)

Our office closely monitors not only each monthly Visa Bulletin but also any developments and updates from here in Washington, DC which may give us some idea on upcoming movements and surprises.   Our goal is to share any and all credible information with our clients and readers in order to allow proper planning and to set expectations as realistically as possible.

Mr. Charles Oppenheim, who is the Chief of the Visa Control and Reporting Division at the U.S. Department of State and the person who prepares and publishes the monthly visa bulletin, has provided some thoughts and his expectations for the upcoming few months’ Visa Bulletin movements.    These comments are as of June 12, 2015.

EB-2 Worldwide (ROW)

Mr. Oppenheim reiterated that there has been a significant increase in the demand of visa numbers in this category with demand far in excess of the historical patterns of the previous five months.    As an example, Mr. Oppenheim indicated that there was 80% demand increase from February to March 2015 and demand increased more than 100% between February and April 2015.     Despite this significant increase in demand in EB-2 ROW visa numbers, it is not expected at this time that there will be a cutoff date for this category and it is likely to remain current.

EB-2/EB-3 India

As a result of the significant forward movement in EB-2 India earlier this year, additional forward movement for the next few months is unlikely mainly due to EB-3 to EB-2 upgrades.  Additionally, because demand for EB-2 ROW has more than doubled unexpectedly over the past few months, EB-2 India cut-off date had to be held steady in the July 2015 Visa Bulletin. Unless there is a significant decline in EB-2 ROW demand, Mr. Oppenheim does not anticipate any forward movement in EB-2 India for the rest of this fiscal year (September 30).

EB-3 India is expected to continue to advance by one to two weeks per month.  This has been the recent trend over the past several months.

EB-2/EB-3 China

Demand in EB-2 China has been steady and gradual forward movement is expected over the next several months.     The EB-3 China cut-off date is expected to remain the same through the rest of the fiscal year (September 30).

EB-5 China

EB-5 China is expected to continue to advance,very likely as far as November 2013 towards the end of the fiscal year.

EB-3/Other Workers Philippines

After the category became unavailable in the July 2015 Visa Bulletin, it is expected to remain unavailable for the remainder of the fiscal year.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months.   Please do not hesitate to contact us if we can review your case, answer any questions or schedule a consultation.

We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

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July 2015 Visa Bulletin – EB-2 India Remains Unchanged; EB-3 Philippines Unavailable

The U.S. State Department has just released the July 2015 Visa Bulletin which is the tenth Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of any movement in EB-2 India and EB-3 China and that EB-3 Philippines is unavailable.

Summary of the July 2015 Visa Bulletin – Employment-Based (EB)

Below is a summary of the July 2015 Visa Bulletin with respect to the employment-based categories:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India remains unchanged at October 1, 2008.  EB-2 China moves forward by four (4) months to October 1, 2013.
  • EB-3 ROW and Mexico advance by six (6) weeks to April 1, 2015.   EB-3 Philippines is unavailable.   EB-3 China  remains unchanged at September 1, 2011 while EB-3 India  advances by only one (1) week to February 1, 2004.
  • The “other worker” categories for ROW and Mexico advance by six (6) weeks to April 1, 2015 while Philippines is unavailable.     Other workers China remains unchanged at January 1, 2006 while India  advances by only one (1) week to February 1, 2004.
  • EB-5 China advances by four (4) months to September 1, 2013.

Summary of the July 2015 Visa Bulletin – Family-Based (FB)

Below is a summary of the July 2015 Visa Bulletin with respect to some family-based categories:

  • FB-1 ROW, China and India move forward by one (1) month to October 1, 2007.   FB-1 Mexico remains unchanged at November 15, 1994 while FB-1 Philippines moves forward but by only two (2) weeks to March 15, 2000.
  • FB-2A moves forward again — this month the forward movement is by five (5) weeks to November 8, 2013 for ROW, China, India and Philippines.  It moves forward by five (5) weeks to September 15, 2013  for Mexico.

EB-2 India Unchanged – Is Any Forward Movement Likely for the Rest of the Fiscal Year?

After several months of nice forward movement, this month’s Visa Bulletin lack of movement in EB-2 India may be disappointing to many EB-2 India applicants who were hoping for 2009 or 2010 cutoff dates by the end of the fiscal year.

EB-2 India applicants with a priority date earlier than October 1, 2008 can now move forward with their applications (or expect approvals if they have already filed their I-485 applications).    Over the last few months, in our Visa Bulletin reports we have been cautioning that the rate of forward movement is slowing down, suggesting that it may eventually stop or even retrogress.      The fact that the Department of State is not advancing EB-2 India this month is an indication that they have sufficient applications on file to use the available visa numbers for the remainder of the fiscal year.    However, as we are getting into the final two months of the fiscal year, it is possible to see additional forward movements in the August and September 2015 Visa Bulletins to accommodate any additional visa numbers who may be made available from other preference categories.

EB-2 China Advances Significantly; EB-3 China Moderate Forward Movement

EB-2 China continues to advance this month.  This month’s forward movement of 4 months, combined with last couple of months’ movements, are among the more significant movements in EB-2 China for some time.   EB-3 China, on the other hand, seems to experience significant demand and, as a result, there is no movement this month.

We had noted in our earlier Visa Bulletin alerts that the demand in EB-3 China is expected to rise with the forward date movement and it now seems that the Department of State is trying to moderate the demand by keeping the date steady.

EB-3 Philippines Unavailable

The significant demand in EB-3 for Philippines has caused the Department of State to move back the date significantly over the last few months and this month they are making this category “Unavailable.”   This means that there are no visa numbers available for EB-3 Philippines during July 2015.  This means that the government cannot authorize any visas for this category — no green card approvals are likely and no new I-485 adjustment of status applications can be filed (regardless of the priority date).

EB-5 China Cutoff Date

Based on significant demand in the EB-5 category from Chinese nationals, the Department of State had introduced a cutoff date for EB-5 China over the last few months.   The good news is that this month’s Visa Bulletin moves forward the cutoff date by four months to September 1, 2013.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of a current (or close to current) priority date.   Those applicants whose priority dates are current as of the July 2015 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the July 2015 Visa Bulletin.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

No comments

June 2015 Visa Bulletin – EB-2 India and China Continue to Advance Notably; EB-3 Philippines Another Major Retrogression

The U.S. State Department has just released the June 2015 Visa Bulletin which is the ninth Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the continued significant (5.5 months) forward movement in EB-2 India and the 12-month forward movement in EB-2 China.    EB-3 Philippines moves back again by two and a half years.

Summary of the June 2015 Visa Bulletin – Employment-Based (EB)

Below is a summary of the June 2015 Visa Bulletin with respect to the employment-based categories:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India moves forward significantly by five and a half (5.5) months to October 1, 2008.  EB-2 China moves forward by twelve (12) months to June 1, 2013.
  • EB-3 ROW and Mexico advance by six (6) weeks to February 15, 2015.   EB-3 Philippines retrogresses (again!) by over two and a half (2.5) years back to January 1, 2005.   EB-3 China moves forward by four (4) months to September 1, 2011 while EB-3 India  advances by only one (1) week to January 22, 2004.
  • The “other worker” categories for ROW and Mexico advance by six (6) weeks to February 15, 2015 while Philippines retrogresses (again) by two and a half (2.5) years back to January 1, 2005.   Other workers China moves forward by six (6) weeks to January 1, 2006 while India  advances by only one (1) week to January 22, 2004.
  • EB-5 China now has a cutoff date of May 1, 2013.

Summary of the June 2015 Visa Bulletin – Family-Based (FB)

Below is a summary of the June 2015 Visa Bulletin with respect to some family-based categories:

  • FB-1 ROW, China and India move forward by only two (2) weeks to September 1, 2007.   FB-1 Mexico moves forward by one (1) week to November 15, 1994 while FB-1 Philippines retrogresses by about five years to March 1, 2000.
  • FB-2A moves forward again, this month the forward movement is by one (1) month to October 1, 2013 for ROW, China, India and Philippines.  It remains unchanged at August 8, 2013  for Mexico.

Another EB-2 India Significant (but Slowing) Forward Movement

This month’s Visa Bulletin brings another significant forward movement in EB-2 India of five and a half months which is a bit less than last two months’ forward movements of about eight months.    Overall, EB-2 India has by about three years over the last few months so this is certain a good sign.      EB-2 India applicants with a priority date earlier than October 1, 2008 can now move forward with their applications (or expect approvals if they have already filed their I-485 applications).    However, it should be noted that the rate of forward movement is slowing down, suggesting that the Department of State may be trying to account for increasing demand in new filings and approvals in EB-2 India.

The Department of State had indicated that EB-2 India may move forward by four to six months per Visa Bulletin over the summer months  so we expect the forward movement in EB-2 India over the next few months to be similarly moderate.

EB-2 China Advances Significantly; EB-3 China Moderate Forward Movement

EB-2 China continues to advance this month.  This month’s forward movement of 12 months, combined with last month’s movement of fourteen months, are among the more significant movements in EB-2 China for some time.   EB-3 China also advances this month (after a significant retrogression two months ago) by four months.    We had noted in our earlier Visa Bulletin alerts that the demand in EB-3 China is expected to rise with the forward date movement and it now seems that the Department of State is trying to moderate the demand by retrogressing (two months ago) and then advancing gradually (last two months) the cutoff dates.

EB-5 China Cutoff Date

Based on significant demand in the EB-5 category from Chinese nationals, the Department of State had introduced a cutoff date for EB-5 China in the last month’s Visa Bulletin.   EB-5 China remains unchanged this month at May 1, 2013.   Further retrogression is also possible (not immediately expected) based on the number of demand from Chinese nationals in this category (which demand has been very strong recently).

EB-3 Philippines (Another) Major Retrogression

Unfortunately for many EB-3 Philippines applicants, the EB-3 category moves back by another two and a half years this month, in addition to last month’s retrogression by over seven years.  This is a significant retrogression caused by high demand in this category and the Department of State has indicated that additional retrogression may be needed as well.

It is important to note that EB-3/OW Philippines applicants who have a cutoff date which is current now and who would no longer be current as of June 1st to consider filing their I-485s immediately (if they are in the US) or take other steps to take advantage of the current priority date.   EB-3/OW Philippines candidates who have a priority date between July 1, 2007 and January 1, 2005 will be affected — please contact us for a consultation and analysis of your personal case situation.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of a current (or close to current) priority date.   Those applicants whose priority dates are current as of the June 2015 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the June 2015 Visa Bulletin.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

No comments

May 2015 Visa Bulletin – EB-2 India and China Continue to Advance Notably; EB-3 Philippines Major Retrogression; EB-5 China Cutoff Date

The U.S. State Department has just released the May 2015 Visa Bulletin which is the eighth Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the significant 7.5-month forward movement in EB-2 India and the 14-month forward movement in EB-2 China.    EB-3 Philippines moves back by seven years and EB-5 China now has a cutoff date.

Summary of the May 2015 Visa Bulletin – Employment-Based (EB)

Below is a summary of the May 2015 Visa Bulletin with respect to the employment-based categories:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India moves forward significantly by seven and a half (7.5) months to April 15, 2008.  EB-2 China moves forward by fourteen (14) months to June 1, 2012.
  • EB-3 ROW and Mexico advance by three (3) months to January 1, 2015.   EB-3 Philippines retrogresses by over seven (7) years back to July 1, 2007.   EB-3 China moves forward by four (4) months to May 1, 2011 while EB-3 India  advances by only one (1) week to January 15, 2004.
  • The “other worker” categories for ROW and Mexico advance by three (3) months to January 1, 2015 while Philippines retrogresses by over seven (7) years back to July 1, 2007.   Other workers China moves forward by three (3) months to November 15, 2005 while India  advances by only one (1) week to January 15, 2004.
  • EB-5 China now has a cutoff date of May 1, 2013.

Summary of the May 2015 Visa Bulletin – Family-Based (FB)

Below is a summary of the May 2015 Visa Bulletin with respect to some family-based categories:

  • FB-1 ROW, China and India move forward by two (2) weeks to August 15, 2007.   FB-1 Mexico moves forward by one (1) week to November 8, 1994 while FB-1 Philippines remains unchanged at February 1, 2005.
  • FB-2A moves forward again, this month the forward movement is by one (1) month to September 1, 2013 for ROW, China, India and Philippines.  It also moves forward by one (1) months to August 8, 2013  for Mexico.

Another EB-2 India Significant Forward Movement

This month’s Visa Bulletin brings another significant forward movement in EB-2 India of seven and a half months which is very similar to last month’s eight-month forward movement.  Overall, EB-2 India has advanced by well over two years over the last few months so this is certain a good sign.      EB-2 India applicants with a priority date earlier than April 15, 2008 can now move forward with their applications (or expect approvals if they have already filed their I-485 applications).

The Department of State had indicated that EB-2 India may move forward by four to six months per Visa Bulletin over the next few months so we expect the forward movement in EB-2 India over the next few months to be similarly moderate.

EB-2 China Advances Significantly; EB-3 China Moderate Forward Movement

EB-2 China continues to advance this month.  In fact, this month’s forward movement of 14 months is one of the more significant movements in EB-2 China for some time.   EB-3 China also advances (after a significant retrogression last month) by four months.   We had noted in our earlier Visa Bulletin alerts that the demand in EB-3 China is expected to rise with the forward date movement and it now seems that the Department of State is trying to moderate the demand by retrogressing (last month) and then advancing gradually (this month) the cutoff dates.

EB-5 China Cutoff Date

Based on significant demand in the EB-5 category from Chinese nationals, the Department of State has introduced a cutoff date for EB-5 China.     Further retrogression is also possible (not immediately expected) based on the number of demand from Chinese nationals in this category (which demand has been very strong recently).

EB-3 Philippines Major Retrogression

One significant development is the major retrogression in EB-3 and Other Workers Philippines.   The cutoff dates for these categories are set to move back by over seven years — from October 2014 back to July 2007.   This is a significant retrogression caused by high demand in this category.

It is important to note that EB-3/OW Philippines applicants who have a cutoff date which is current now and who would no longer be current as of May 1st to consider filing their I-485s immediately (if they are in the US) or take other steps to take advantage of the current priority date.   EB-3/OW Philippines candidates who have a priority date between October 1, 2014 and July 1, 2007 will be affected — please contact us for a consultation and analysis of your personal case situation.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of a current (or close to current) priority date.   Those applicants whose priority dates are current as of the May 2015 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the May 2015 Visa Bulletin.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

No comments

Visa Bulletin Updates and Predictions from Mr. Oppenheim (March 2015)

Our office closely monitors not only each monthly Visa Bulletin but also any developments and updates from here in Washington, DC which may give us some idea on upcoming movements and surprises.   Our goal is to share any and all credible information with our clients and readers in order to allow proper planning and to set expectations as realistically as possible.

Mr. Charles Oppenheim, who is the Chief of the Visa Control and Reporting Division at the U.S. Department of State and the person who prepares and publishes the monthly visa bulletin, has provided some thoughts and his expectations for the upcoming few months’ Visa Bulletin movements.    These comments are as of March 13, 2015.

EB-2/EB-3 China

The significant retrogression in EB-3 China in the April 2015 Visa Bulletin has essentially put an end to the EB-3 China “downgrade” trends which saw many EB-2 China applicants downgrade their case to EB-3 in order to take advantage of the more favorable EB-3 China cutoff dates.    With the retrogression in EB-3 China we see a more “natural” positioning of the EB-2 and EB-3 China cutoff dates.

While our office has been helping a number of EB-2 China applicants downgrade to EB-3 in order to take advantage of the dates over the past few months, we have always cautioned that this kind of downgrade is not for everyone and that over long-term, EB-2 China would still be the better category for ultimately the fastest green card approval.

If demand in EB-2 China does not increase significantly as a result of the April 2014 forward movement, it is expected to see another notable forward movement in EB-2 China in the next month or two.

EB-5 China

Retrogression is likely to occur no later than June 2015.

EB-2 India

EB-2 India has advanced significantly over the last two months – 16 months in the March 2015 Visa Bulletin and eight months in the April 2015 Visa Bulletin.    On top of this, Mr. Oppenheim expects that India would advance at a steady pace for another couple of months before a possible slowdown towards the end of the fiscal year (which ends September 30, 2015).    We read this to mean that forward movements of about 4-6 months per Visa Bulletin are likely over the next one to two months.

EB-3 India

Unfortunately, Mr. Oppenheim cannot share much good news as he expects EB-3 India to move by one to (possibly) two weeks per month.   The reason is that there is a significant amount of preadjudicated EB-3 India I-485 applications (more than 9,100) with a priority date before January 1, 2005 (when the annual limit is 2,875 immigrant visas).   Therefore, we expect very slow forward movement in EB-3 India.

EB-3 ROW, Mexico and Philippines

After the notable forward movement in April, Mr. Oppenheim expects that there will be more significant forward movement in the May Visa Bulletin.   Great news for EB-3 applicants from these countries.

While it is not expected that EB-3 ROW would become current any time soon, it is likely for this category to get into 2015 – which means that this category will be close to current and, in effect, for many, by the time candidates obtain PERM and I-140 approvals, they may already be current and be able to file their I-485 adjustment applications.    We call on all EB-3 applicants to either start their PERM applications soon or, for those who  have applications underway, to be ready to take advantage of a possible current priority date over the next few months.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months.   Please do not hesitate to contact us if we can review your case, answer any questions or schedule a consultation.

We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

No comments

February 2015 Visa Bulletin – EB-2 India Advances Significantly; EB-3 Continues to Advance Significantly

The U.S. State Department has just released the February 2015 Visa Bulletin which is the fifth Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the significant (and somewhat unexpected) forward movement in EB-2 India and the continued forward movement in the EB-3 preference category.   Also, EB-2 India is expected to move forward significantly in each of the next few months.

Summary of the February 2015 Visa Bulletin – Employment-Based (EB)

Below is a summary of the February 2015 Visa Bulletin with respect to the employment-based categories:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India moves forward significantly (and finally!) by six and a half (6.5) months to September 1, 2005.  EB-2 China moves forward by one and a half (1.5) months to March 15, 2010.
  • EB-3 ROW, Mexico and Philippines advance by seven (7) months to January 1, 2014.   EB-3 China advances by six (6) months to September 1, 2011 while EB-3 India  advances by only one (1) week to December 22, 2003.
  • The “other worker” categories for ROW, Mexico and Philippines advance by seven (7) months to January 1, 2014.   EB-3 China moves forward by three (3) weeks to August 15, 2005 while EB-3 India  advances by one (1) week to December 22, 2003.

Summary of the February 2015 Visa Bulletin – Family-Based (FB)

Below is a summary of the February 2015 Visa Bulletin with respect to some family-based categories:

  • FB-1 ROW, China and India all move forward by two (2) weeks to July 22, 2007.   FB-1 Mexico moves forward by two (2) weeks to October 1, 1994 and FB-1 Philippines moves forward by two (2) weeks to January 8, 2005.
  • FB-2A moves forward again  – it moves forward by three (3) weeks to May 8, 2013 for ROW, China, India and Philippines.  It also moves forward by two (2) months to April 22, 2013  for Mexico.

Surprising EB-2 India Significant Forward Movement

The expectations set over the last few months by the State Department had been that EB-2 India would likely remain unchanged at the (severely retrogressed) February 15, 2005 date until the summer of 2015.    Fortunately, the February 2015 Visa Bulletin brings great news for EB-2 India applicants with the six-and-a-half month forward movement.   EB-2 India applicants with a priority date earlier than September 1, 2005 can now move forward (or expect news, hopefully approval) with their applications.

Additionally, the anticipated cutoff date movements for the next months suggest that EB-2 India will continue to move forward at a great pace (four to six months per Visa Bulletin) over the next few months.

EB-3 Continues to Move Forward Significantly

Another very notable and important development in the February 2015 Visa Bulletin is the continued notable forward movement in the EB-3 categories.    Most of the EB-3 categories have advanced by seven months, with EB-3 China moving forward by six months, on top of the significant forward movement in the past few visa bulletins. This should be welcome news to many EB-3 applicants (except EB-3 India where the forward movement is only of one week) who may be eligible for I-485 filings or processing of their immigrant visas at the U.S. Consulates abroad.    We are happy to provide a free quote for preparing and filing your I-485 application to those EB-2 India and EB-3 applicants (and other) who are seeing an advancing and current (or soon to be current) priority date.

Short-term Expectations and Predictions for Cutoff Date Movements

The February 2015 Visa Bulletin also provides some predictions on the movement of the cutoff dates for the next few months.  Note that these figures reflect monthly potential movement.

EB-1.   This category is expected to remain current throughout the rest of the fiscal year.

EB-2 Rest of World (ROW).  This category is expected to remain current throughout the fiscal year.

EB-2 India.   This category is expected to move by four to six months per visa bulletin.

EB-2 China.   Three to six weeks forward movement per month.

EB-3 Rest of World (ROW).     Rapid forward movement is expected for the next month or two.   Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.

EB-3 China.  Similar to EB-3 ROW – rapid forward movement expected, with a corrective “action” (retrogression) possible in the next six month or so.

EB-3 India.  Up to three weeks at a time.

EB-3 Mexico.  Likely to remain the same as EB-3 ROW.

EB-3 Philippines.   Likely to remain the same as EB-3 ROW.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of a current (or close to current) priority date.   Those applicants whose priority dates are current as of the February 2015 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the February 2015 Visa Bulletin.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

No comments

January 2015 Visa Bulletin – EB-3 Continues to Advance Significantly; EB-2 India Unchanged

The U.S. State Department has just released the January 2015 Visa Bulletin which is the fourth Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the continued forward movement in the EB-3 preference category.

Summary of the January 2015 Visa Bulletin – Employment-Based (EB)

Below is a summary of the January 2015 Visa Bulletin with respect to the employment-based categories:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India remains unchanged at February 15, 2005 after the major retrogression from a couple of months ago.    EB-2 China moves forward by one (1) month to February 1, 2010.
  • EB-3 ROW, Mexico and Philippines advance by seven (7) months to June 1, 2013.   EB-3 China advances by nine (9) months to March 1, 2011 while EB-3 India  advances by only two (2) weeks to December 15, 2003.
  • The “other worker” categories for ROW, Mexico and Philippines advance by seven (7) months to June 1, 2013.   EB-3 China remains unchanged at July 22, 2005 while EB-3 India  advances by only two (2) weeks to December 15, 2003.

Summary of the January 2015 Visa Bulletin – Family-Based (FB)

Below is a summary of the January 2015 Visa Bulletin with respect to some family-based categories:

  • FB-1 ROW, China and India all move forward by two (2) weeks to July 8, 2007.   FB-1 Mexico moves forward by one (1) month to September 15, 1994 and FB-1 Philippines moves forward by one (1) week to December 22, 2004.
  • FB-2A moves forward again  – it moves forward by three (3) weeks to April 15, 2013 for ROW, China, India and Philippines.  It also moves forward by seven (7) weeks to February 22, 2013  for Mexico.

EB-2 India Retrogression Expected to Remain Through Summer of 2015

As expected, EB-2 India remains unchanged at the (severely retrogressed) February 15, 2005 date.    Unfortunately, no movement in EB-2 India is expected over the next several months with a possible forward movement towards the summer of 2015.

EB-3 Continues to Move Forward Significantly

The most important development in the January 2015 Visa Bulletin is the continued notable forward movement in the EB-3 categories.    Most of the EB-3 categories have advanced by seven months, with EB-3 China moving forward by nine months, on top of the significant forward movement in the past few visa bulletins. This should be welcome news to many EB-3 applicants (except EB-3 India where the forward movement is only of two weeks) who may be eligible for I-485 filings or processing of their immigrant visas at the U.S. Consulates abroad.    We are happy to provide a free quote for preparing and filing your I-485 application to those EB-3 applicants (and other) who are seeing an advancing and current (or soon to be current) priority date.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of a current (or close to current) priority date.   Those applicants whose priority dates are current as of the January 2015 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the January 2015 Visa Bulletin.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

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December 2014 Visa Bulletin – EB-3 Continues to Advance Significantly; EB-2 India Unchanged

The U.S. State Department has just released the December 2014 Visa Bulletin which is the third Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the continued forward movement in the EB-3 preference category.

Summary of the December 2014 Visa Bulletin – Employment-Based (EB)

Below is a summary of the December 2014 Visa Bulletin with respect to the employment-based categories:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India remains unchanged at February 15, 2005 after last month’s major retrogression.    EB-2 China moves forward by three (3) weeks to January 1, 2010.
  • EB-3 ROW, Mexico and Philippines advance by four (4) months to November 1, 2012.   EB-3 China advances by six (6) months to June 1, 2010 while EB-3 India  advances by only one (1) week to December 1, 2003.
  • The “other worker” categories for ROW, Mexico and Philippines advance by four (8) months to November 1, 2012.   EB-3 China remains unchanged at July 22, 2005 while EB-3 India  advances by only one (1) week to December 1, 2003.

Summary of the December 2014 Visa Bulletin – Family-Based (FB)

Below is a summary of the December 2014 Visa Bulletin with respect to some family-based categories:

  • FB-1 ROW, China and India all move forward by two (2) weeks to June 22, 2007.   FB-1 Mexico moves forward by five (5) weeks to August 15, 1994 and FB-1 Philippines moves forward by six (6) weeks to December 15, 2004.
  • FB-2A moves forward again (but not as much as the last few months) – it moves forward by three (3) weeks to March  22, 2013 for ROW, China, India and Philippines.  It also moves forward by three (3) months to January 1, 2013  for Mexico.

EB-2 India Retrogression Expected to Remain Through Summer of 2015

As expected, EB-2 India remains unchanged at the (severely retrogressed) February 15, 2005 date.    Unfortunately, no movement in EB-2 India is expected over the next several months with a possible forward movement towards the summer of 2015.

EB-3 Continues to Move Forward Significantly

Another notable development in the December 2014 Visa Bulletin is the continued notable forward movement in the EB-3 categories.    Most of the EB-3 categories have advanced by four months, on top of the significant forward movement in the October 2014 Visa Bulletin and in the November 2014 Visa Bulletin.  This should be welcome news to many EB-3 applicants (except EB-3 India where the forward movement is only of one week) who may be eligible for I-485 filings or processing of their immigrant visas at the U.S. Consulates abroad.    We are happy to provide a free quote for preparing and filing your I-485 application to those EB-3 applicants who are seeing an advancing and current (or soon to be current) priority date.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of a current (or close to current) priority date.   Those applicants whose priority dates are current as of the December 2014 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the December 2014 Visa Bulletin.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

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November 2014 Visa Bulletin – EB-2 India Major Retrogression to February 2005; EB-3 Advances Significantly

The U.S. State Department has just released the November 2014 Visa Bulletin which is the second Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the major retrogression in EB-2 India (February 2005) and the significant forward movement in EB-3 (except India).

Summary of the November 2014 Visa Bulletin – Employment-Based (EB)

Below is a summary of the November 2014 Visa Bulletin with respect to the employment-based categories:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India retrogresses significantly by almost four (4) years to February 15, 2005.    EB-2 China moves forward by three (3) weeks to December 8, 2009.
  • EB-3 ROW, Mexico and Philippines advance by eight (8) months to June 1, 2012.   EB-3 China advances by eight (8) months to January 1, 2010 while EB-3 India  advances by only one (1) week to November 22, 2003.
  • The “other worker” categories for ROW, Mexico and Philippines advance by eight (8) months to June 1, 2012.   EB-3 China remains unchanged at July 22, 2005 while EB-3 India  advances by only one (1) week to November 22, 2003.

Summary of the November 2014 Visa Bulletin – Family-Based (FB)

Below is a summary of the November 2014 Visa Bulletin with respect to family-based categories:

  • FB-1 ROW, China and India all move forward by two (2) weeks to June 8, 2007.   FB-1 Mexico moves forward by two (2) weeks to July 8, 1994 and FB-1 Philippines moves forward by two (2) months to November 1, 2004.
  • FB-2A moves forward again (but not as much as last month) – it moves forward by one (1) month to March  1, 2013 for ROW, China, India and Philippines.  It also moves forward by two (2) months to September 22, 2012 for Mexico.

Expected Major EB-2 India Retrogression

After the significant forward movement over the past few months in EB-2 India, and the recent signals about the upcoming EB-2 India retrogression, this months’ Visa Bulletin major retrogression for EB-2 India was expected.

Over the past few months there has been increasing buildup in the amount of applications waiting for a movement in the EB-2 India category and our office had expected some movement to occur towards the end of the last fiscal year (September 30th).     Our office has been increasingly busy with new I-485 filings (for those who are becoming current this or next month) or for handling I-485 requests for evidence (for those who had pending I-485 applications but had expired medicals).

There are still many EB-2 India applicants who are current as of October 2014 and who have not filed (or interfiled) their or their dependents’ I-485 applications.   We urge all of these applicants to consider filing I-485 over the next couple of weeks before the retrogression in EB-2 India from November 1.

EB-3 Moves Forward Significantly

Another notable development in the November 2014 Visa Bulletin is the notable forward movement in the EB-3 categories.    Most of the EB-3 categories have advanced by eight months, on top of the significant forward movement in the October 2014 Visa Bulletin. This should be welcome news to many EB-3 applicants (except EB-3 India) who may be eligible for I-485 filings or processing of their immigrant visas at the U.S. Consulates abroad.    We are happy to provide a free quote for preparing and filing your I-485 application.

Anticipated Visa Bulletin Employment Cutoff Date Movements

Below are the anticipated movement of the cutoff dates over the next several months.

EB-1.   This category is expected to remain current throughout the fiscal year.

EB-2 Rest of World (ROW).  This category is expected to remain current throughout the fiscal year; however, depending on demand, a cutoff date towards the end of the fiscal year may be introduced.

EB-2 China.  This category is expected to continue to move forward by approximately 3-5 weeks per month in each Visa Bulletin.

EB-2 India.  No forward movement.

EB-3 Rest of World (ROW).    After this month’s significant forward movement, it is possible to see certain additional forward movement to stimulate “demand” for the next several months.   Afterwards, the movement may stop or even retrogress.

EB-3 China.  Rapid forward movement expected.

EB-3 India.  Little, if any, forward movement expected.

EB-3 Philippines.  Expected to track the EB-3 ROW category.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of a current (or close to current) priority date.   Those applicants whose priority dates are current as of the November 2014 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.      Similarly, EB-2 India applicants who would be affected by the retrogression and who haven not filed I-485 applications must do so before November 1, 2014.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the November 2014 Visa Bulletin.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

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Visa Bulletin Predictions and Updates from Charles Oppenheim – Major Retrogression in EB-2 India; EB-3 ROW and China to Advance (October 1, 2014)

Our office just came back from a discussion session here in Washington, DC with Charles Oppenheim.  Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State.  For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards.  He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.   Our access and proximity to Mr. Oppenheim allows us to provide immediate updates on expected Visa Bulletin movements and we are proud to be among the first to report.

We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current.   As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some sense of the movement of the priority dates and also on short- and long-term immigrant visa number trends.

Summary of Mr. Oppenheim’s Key Points

EB-2 India will retrogress significantly in the November or December 2014 Visa Bulletin — going back to early 2005.   EB-3 India will move very slowly in the near term but EB-3 ROW and China  are expected to move forward significantly.

General Visa Number Trends

Mr. Oppenheim spent a few minutes to describe the visa number allocation process and reiterated the fact that in the employment-based context, especially, the demand for visa numbers is greater because of dependents being added — each green card application case is, therefore, “larger” than previously expected and instead of one visa number, if often includes two or three (because many primary beneficiaries have married and have children).  For example, approximately 45% of the visa numbers are used by the primary beneficiaries with the balance of 55% taken up by derivative beneficiaries (spouses and children).   For example, Mr. Oppenheim indicated that in the not-so-distant past, each employment-based India case took 1.4 visa numbers on average while right now, each employment-based India case takes on average 2.5 visa numbers.

As a result, and in recognition of the additional fact that many EB-3 India and China candidates are now eligible for porting and are now applying under the EB-2 category, Mr. Oppenheim noted that the EB-3, in addition to EB-2 visa numbers, are expected to remain oversubscribed, particularly for Indian nationals.

He also indicated that there is a significant number of EB-3 to EB-2 India porting cases and the mechanics of the EB-3 to EB-2 porting does not allow advance notification to the Department of State’s Visa Office.   This causes a significant number of EB-3 to EB-2 porting cases to “appear” without advance warning to the Visa Office and, as a result, the Visa Office has to hold cutoff dates back to accommodate such porting case.   Additionally, Mr. Oppenheim shared that in addition to EB-3 to EB-2 porting cases for Indian nationals, who are the majority of such cases, he sees an increasing number of EB-3 to EB-2 porting cases from nationals of other countries under the “Rest of World” (ROW) category.

Unfortunately, today’s comments by Mr. Oppenheim do not bring much good news, especially for EB-2 India.   Because of the significant number of EB-2 India filings early this year and because of the very high number of EB-3 to EB-2 porting cases, Mr. Oppenheim indicated that EB-2 India will retrogress significantly (to early 2005) in either the upcoming November Visa Bulletin or in the following December Visa Bulletin.   EB-2 India is then expected to remain at early 2005 for a significant time – no forward movement is expected until June 2015 or so.

Mr. Oppenheim suggested that the EB-1 and EB-5 categories are relatively “popular” this year and expects more numbers to be used in these categories, compared to the past years.   He cited EB-5, and specifically EB-5 China, category where demand has been growing steadily and where, for the first time ever, all EB-5 visa numbers have been used.   This high demand also means that there will be less “leftover” visa numbers available to allocate to other categories, such as EB-2 India and China which would further contribute to the slow EB-2 India forward movement.

On a more general level, Mr. Oppenheim shared that his goal is to advance the cutoff dates more at the beginning of the fiscal year (October, November and December, and January visa bulletins) and then, as he is able to gauge demand for a particular preference category, adjust accordingly by either slowing down or retrogressing (if demand is high) or advancing even more (is demand turns out to be low).

Visa Bulletin Predictions – Employment-Based

Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months.   Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.

EB-1.   This category is expected to remain current throughout the fiscal year.

EB-2 Rest of World (ROW).  This category is expected to remain current throughout the fiscal year.

EB-2 China.  This category is expected to continue to move forward by approximately 3-5 weeks per month in each Visa Bulletin.

EB-2 India.  This is the major headline from our meeting with Mr. Oppenheim –  EB-2 India is expected to retrogress significantly – by several years back to early 2005 as early as the next Visa Bulletin.     It is expected that EB-2 India will remain at that level (early 2005) until the summer of 2015.    The rationale behind this severe retrogression in EB-2 India is that there is simply too much “demand” (number of pending cases caused by I-485 filings and EB-3 to EB-2 porting cases, plus adding dependents) in this category and the Visa Office has to stop the rate of new filings until USCIS and DOS are able to approve the pending cases and “clear the demand.”

EB-3 Rest of World (ROW).  This category is expected to move forward significantly over the next months to stimulate “demand” for the following several months.

EB-3 China.  Rapid forward movement is expected – perhaps advancing to late 2009 or early 2010 over the next few months.

EB-3 India.  Unfortunately, this category continues to be oversubscribed and there is very little or no forward movement expected in the next months.   Forward movement of 1-2 weeks per month should be the normal.      The simple reason is that there are many EB-3 India cases which are waiting a visa number – there are 25,000-30,000 preadjudicated EB-3 India cases with a priority date before July 2007 waiting for a visa number.    With annual limit for this category of about 2,800, it would take a long time to clear this backlog and be able to advance the priority date beyond July 2007.

However, as a positive sign, as many EB-3 India applicants are porting into EB-2, there is some possibility that some EB-3 visa numbers may be “freed” simply because some EB-3 candidates will drop out of the EB-3 demand line after receiving a green card under a newly ported EB-2 category.

EB-5.   Mr. Oppenheim suggested that the demand for EB-5 is at the highest level ever.    For the next fiscal year EB-5 is expected to be current for everyone except EB-5 China (which takes about 85% of all EB-5 immigrant visas).    It is possible to introduce an EB-5 cutoff date for China which may mean one or two year wait for a visa number (including issues relating to minor dependents aging out).

On Predicting the Visa Bulletin Cutoff Dates

Mr. Oppenheim shared his thoughts on the ability  of others outside of his office to predict reliably the cutoff date movements.   He suggested that while some of the datapoints that go into determining the cutoff dates are available — demand data, number filings — there is so much more (variables and data, some of which is impossible to get) that goes into a cutoff date determination in each visa bulletin that a reliable prediction is impossible for anyone including, sometimes, the Visa Office of Mr. Oppenheim.   There are many variables that affect the demand.  For example, the retrogression of EB-2 India in the future is due to the number of I-485 filings but also due to the fact that there are “extraordinary number” of EB-3 to EB-2 India porting cases.   Mr. Oppenheim cannot predict how many of the EB-3 India candidates will end up porting into EB-2 — as a result, by the time he “sees” an EB-2 India case, he has not anticipated for it and has to slow down or retrogress EB-2 India to be able to accommodate EB-2 India applicants with early  priority dates.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months.  We understand, as Mr. Oppenheim does, that his comments and predictions are going to cause significant disappointment in EB-2 and EB-2 India applicants, specifically.     Our EB-2 India clients would find Mr. Oppenheim’s predictions disappointing, especially since many EB-2 India applicants were able to get very close to being current earlier this year.    Fortunately, those EB-2 India and China applicants who became current earlier this year and were able to file I-485 applications would  be able to take advantage of AC21 portability rules and take new employment and more freely advance their careers.

Also, many EB-3 India candidates who now qualify for EB-2 would be able to improve their waiting times dramatically by upgrading to EB-2.   We are happy to help analyze and assist in such EB-3 to EB-2 India or China porting cases.

Please do not hesitate to contact us if we can review your case, answer any questions or schedule a consultation.   We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.

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