Labor Immigration Law

United States Labor Immigration Law News and Analysis

Visa Bulletin Articles

The monthly visa bulletin issued by the Department of State is one of the most closely watched and anticipated government communications in the immigration community. We receive instant updates and are able to comment and analyze each visa bulletin promptly upon its issuance. Our clients benefit from our visa bulletin efforts by knowing as early in advance as possible about the potential benefits and developments that may arise from forward or backward movements in the visa numbers. If you would like to learn more about our immigration law practice or if you would like to request our services, please contact us. Additionally, you can subscribe to our email newsletter to receive visa bulletin updates via email as soon as they are available to us.


August 2014 Visa Bulletin – EB-2 India Moves Forward by Four Months; EB-3 ROW and FB-2A Remain Unchanged

The U.S. State Department has just released the August 2014 Visa Bulletin which is the eleventh Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the significant (four month) forward movement in EB-2 India, the significant (two years) forward movement in EB-3 China and the lack of any movement in EB-3 ROW and FB-2A.

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

Below is a summary of the August 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 advances by almost five (5) months to January 22, 2009.  EB-2 China moves forward by three  (3) months to October 8, 2009.
  • EB-3 ROW and Mexico remain unchanged at April 1, 2011.  EB-3 China advances by over two (2) years to November 1, 2008.   EB-3 Philippines advances by one and a half (1.5) years to June 1, 2010, while EB-3 India  moves forward by only one (1) week to November 8, 2003.
  • The “other worker” categories for ROW and Mexico remain unchanged at April 1, 2011.  EB-3 China advances by one and a half (1.5) years to July 22, 2005.   EB-3 Philippines advances by one and a half (1.5) years to June 1, 2010, while EB-3 India  moves forward by only one (1) week to November 8, 2003.

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

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

  • FB-1 ROW, China and India all move forward by three (3) weeks to April 22, 2007.   FB-1 Mexico moves forward by two (2) months to April 8, 1994 and FB-1 Philippines moves forward by one and a half (1.5) years to June 1, 2004.
  • FB-2A remains unchanged for all (after a significant retrogression two months ago) – it remains at May 1, 2012 for ROW, China, India and Philippines.  It remains at March 15, 2011 for Mexico.

EB-2 India Another Significant Forward Movement

After last month’s significant (four years) movement in EB-2 India, this month’s Visa Bulletin brings another welcome (and somewhat expected) piece of news for EB-2 India applicants.     Even though this month’s movement is of about four months, to January 22, 2009, it still allows many EB-2 India applicants to file their I-485 applications.     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 fiscal year.     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).   The four-year forward movement in EB-2 India last month, followed by this month’s Visa Bulletin’s four month forward movement, is done by the U.S. Department of State to allow the government to process a number of pending I-485 applications in order to utilize all of the available visa numbers for the fiscal year (to end on September 30).    We see a number of approvals and expect more approvals on many I-485 cases (which have cleared their RFEs, for some, due to medical exam expiration).

Since many EB-2 India applicants have also ported their EB-3 priority date into EB-2, there will be a significant number of EB-2 India nationals who would have their newly-ported EB-2 priority date become current and who would be eligible to file I-485 adjustment of status applications (together with eligible family members).

In a note found in the Visa Bulletin, the Department of State warns that heavy demand (number of filings) in EB-2 India is likely to cause significant retrogression over the next few months.  Our office continues to see significant number of new I-485 filings under this category so we caution that a retrogression in EB-2 India is possible over the next several months.

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 August 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 August 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.

No comments

July 2014 Visa Bulletin – EB-2 India Moves Forward by Four Years; FB-2A Remains Unchanged

The U.S. State Department has just released the July 2014 Visa Bulletin which is the tenth Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the significant (four years) forward movement in EB-2 India and the lack of any movement in FB-2A.

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

Below is a summary of the July 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 advances significantly by almost four (4) years to September 1, 2008.  EB-2 China moves forward by five (5) weeks to July 1, 2009.
  • EB-3 ROW, China and Mexico remain unchanged.  EB-3 ROW and Mexico are at April 1, 2011 while EB-3 China remains unchanged at October 1, 2006.   EB-3 Philippines advances by one (1) year to January 1, 2009, while EB-3 India  moves forward by only two (2) weeks to November 1, 2003.
  • The “other worker” categories for ROW, China and Mexico also remain unchanged.  ROW and Mexico are at April 1, 2011 while China remains unchanged at January 1, 2003.    Philippines advances by one (1) year to January 1, 2009, while India  moves forward by only two (2) weeks to November 1, 2003.

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

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

  • FB-1 ROW, China and India all move forward by one (1) week to April 1, 2007.   FB-1 Mexico moves forward by six (6) weeks to February 1, 1994 and FB-1 Philippines moves forward by six (6) months to January 1, 2003.
  • FB-2A remains unchanged for all (after a significant retrogression last month) – it remains at May 1, 2012 for ROW, China, India and Philippines.  It remains at March 15, 2011 for Mexico.

EB-2 India Significant Forward Movement

Finally, this month’s Visa Bulletin brings some welcome (and somewhat expected) news for EB-2 India applicants.     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 has expected some movement to occur towards the end of the fiscal year.     The four-year forward movement in EB-2 India is done to allow the government to process a number of pending I-485 applications in order to utilize all of the available visa numbers for the fiscal year (to end on September 30).    We expect approvals on many I-485 cases (which have cleared their RFEs, for some, due to medical exam expiration).

Since many EB-2 India applicants have also ported their EB-3 priority date into EB-2, there will be a significant number of EB-2 India nationals who would have their newly-ported EB-2 priority date become current and who would be eligible to file I-485 adjustment of status applications (together with eligible family members).

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 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 July 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.

No comments

June 2014 Visa Bulletin – EB-3 ROW/China and FB-2A Major Retrogression; EB-2 India Remains Unchanged

The U.S. State Department has just released the June 2014 Visa Bulletin which is the ninth Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the significant retrogression in EB-3 ROW and China, the significant retrogression in FB-2A and the lack of movement in EB-2 India.

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

Below is a summary of the June 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 (again!) at November 15, 2004 but some forward movement is expected over the remaining few months of the fiscal year.  EB-2 China moves forward by five (5) weeks to May 22, 2009.
  • EB-3 ROW, China and Mexico retrogress significantly – EB-3 ROW and EB-3 Mexico move back by 18 months to April 1, 2011 while EB-3 China moves back by six (6) years (!) to October 1, 2006.    EB-3 Philippines moves forward by two (2) months to January 1, 2008, while EB-3 India  moves forward by only two (2) weeks to October 15, 2003.
  • The “other worker” categories for ROW, China and Mexico also retrogress significantly – EB-3 ROW and EB-3 Mexico move back by 18 months to April 1, 2011 while EB-3 China moves back by nine  (9) years (!) to October 1, 2003.    EB-3 Philippines moves forward by two (2) months to January 1, 2008, while EB-3 India  moves forward by only two (2) weeks to October 15, 2003.

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

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

  • FB-1 ROW, China and India all move forward by two (2) weeks to March 22, 2007.   FB-1 Mexico moves forward by one (1) month to December 15, 1993 and FB-1 Philippines moves forward by four (4) months to June 1, 2002.
  • FB-2A retrogresses significantly for all everyone – it moves back by fifteen (15) months to May 1, 2012 for ROW, China, India and Philippines.  It also moves back by thirteen (13) months to March 15, 2011 for Mexico.

EB-2 India Remains Unchanged  – But Some Forward Movement Expected Soon

Unfortunately, no news for EB-2 India means continued disappointment in the lack of movement in this category.   The reason for this lack of movement has been the significant demand and pending cases at USCIS.  However, as we reported a week ago, Mr. Oppenheim’s Visa Office at the Department of State plans to move EB-2 India forward by the end of the fiscal year to around January 1, 2008.

EB-3 ROW/China Retrogress Significantly

Another unfortunate development in this month’s Visa Bulletin is the retrogression in EB-3 ROW, Mexico and China.    EB-3 ROW and Mexico retrogress by 18 months while EB-3 China moves back by six years.

Over the past few months we have been seeing in our practice and reporting in our updates of an increase rate of filings (I-485/NVC) in these categories and the upcoming retrogression is an indication that USCIS have enough cases to distribute the annual number of green cards.    This sharp and major slowdown in EB-3 ROW/China is in line with our expectations.    We urge all EB-3 ROW, Mexico or China applicants who have not filed their I-485 applications to do so immediately and by the end of the month (contact us if we can help).

Perhaps a tiny glimmer of light in this, otherwise gloomy Visa Bulletin, is the presence of (a small) forward movement in EB-3 India.

EB-3 China Sharp Retrogression vs. EB-2 China Forward Movement

Over the past several months our office has handled many inquiries from Chinese nationals who are EB-2 applicants and who have considered or have actually refiled their cases under EB-3 in the expectation that EB-3 China would be a faster way to get a green card.

While we have been able to secure an I-485 filing for a number of EB-2 to EB-3 China “downgraders”, we have been urging many EB-2 China applicants to stay under EB-2 because of our expectation that, ultimately, an EB-2 China green card will be approved faster.   This month’s six-year retrogression in EB-3 China confirms our recommendations that an EB-2 China green card will take less time, on average, than EB-3 China filing.

FB-2A Retrogresses

Another notable (and unfortunate) development is the somewhat significant retrogression in the FB-2A categories.    The demand in this category has been high over the past months and, as a result, the dates have been moved back to “slow” down the rate of new filings in this 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 June 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.      This is even more important for those applicants who are current as of the May 2014 Visa Bulletin but will not be current any longer under the June 2014 Visa Bulletin.    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 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.

No comments

Visa Bulletin Predictions and Comments by Charles Oppenheim – EB-2 India to Advance, Finally (April 2014)

On behalf of our clients and readers we are always trying to obtain any reliable information on the movements in the cutoff dates for the upcoming Visa Bulletins.    The best source of this information is the Mr. Charles Oppenheim who is the Chief of the Visa Control and Reporting Division at the U.S. Department of State and who is actually the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards.    Mr.  Oppenheim had just recently shared some thoughts about the anticipated cutoff date movements in the next few Visa Bulletins and we are happy to share this information with our clients and readers.

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.   Also, it is too early in the fiscal year to be able to determine how many unused EB-1 visa numbers there will be to “drop down” into the EB-2 category.

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

EB-2 India.  This is the major headline from Mr. Oppenheim’s comments –  EB-2 India is likely to move forward to January 1, 2008 during the August or (more likely) September Visa Bulletin.   This movement will aim to utilize all of the available visa numbers for the fiscal year that may be unused by other categories (possibly 5,000 or more, but fewer compared to prior years).

EB-3 Rest of World (ROW).  This category has seen increased demand over the past few months (due to the significant movements) and it is unlikely that there will be forward movement in the short term.  In fact, if demand continues at its current pace, there may be a retrogression as early as June 2014.   Retrogression is possible for the last quarter of fiscal year 2014 (Jul-Sep 2014) and this is a call for all EB-3 ROW applicants who are current to file their I-485s as soon as possible.

EB-3 China.    As a result of many EB-2 China applicants “downgrading” to EB-3 it is expected that EB-3 China will see some retrogression over the next month or two.

EB-5 China.  Mr. Oppenheim suggested that the demand for EB-5 is high and a cutoff date may be introduced in August or September.   Retrogression for EB-5 China is “inevitable” given the high number of EB-5 pending applications for Chinese nationals.

Visa Bulletin Predictions – Family-Based

Additionally, Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months for the family-based categories as well.

FB-2A.   Demand is starting to increase; as a result, FB-2A Mexico will retrogress soon.  FB-2A ROW is also likely to retrogress, perhaps back to 2012 in the June or July 2014 Visa Bulletin.

FB-2B.  Due to low demand currently, additional forward movement is expected.

Note on Timing of NVC Fee Invoices

Mr. Oppenheim noted that the National Visa Center (NVC) is sending our requests for fee payments about 8 to 12 months in advance of the priority date becoming current (this is change to the previous practice of doing so 12-18 months in advance).    When applicants pay the fee earlier after receipt of the fee invoice, Mr. Oppenheim is able to “see” the demand earlier and adjust the demand in the category accordingly, eliminating the need of major forward movement, followed by a retrogression.

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 would give hope to some, while disappoint others.   Our EB-2 India clients would find Mr. Oppenheim’s predictions encouraging given the fact that there was no movement in EB-2 India for a long time.  A forward movement in this category would allow EB-2 India and China applicants to become eligible to file I-485 applications who would later be eligible to take advantage of AC21 portability rules and take new employment and more freely advance their careers.

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

May 2014 Visa Bulletin – EB-2 India and EB-3 ROW/China Remain Unchanged; FB-2A Remains Unchanged

The U.S. State Department has just released the May 2014 Visa Bulletin which is the eighth Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is, well, the lack of movement in many of the major categories:  no movement in EB-2 India, no movement in EB-3 ROW/China and no movement in FB-2A.

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

Below is a summary of the May 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 (again!) at November 15, 2004 and is expected to remain at this level for some more time (but with possible forward movement later in the fiscal year).  EB-2 China moves forward by five (5) weeks to April 15, 2009.
  • EB-3 ROW, China and Mexico remain unchanged at October 1, 2012.  EB-3 Philippines moves forward by three and a half (3.5) months to November 1, 2007, while EB-3 India  moves forward by only two (2) weeks to October 1, 2003.
  • The “other worker” categories for ROW, China and Mexico remain unchanged at October 1, 2012.   Philippines moves forward by three and a half (3.5) months to November 1, 2007, while India  moves forward by only two (2) weeks to October 1, 2003

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

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

  • FB-1 ROW, China and India all move forward by two (2) weeks to March 8, 2007.   FB-1 Mexico moves forward by two (2) weeks to November 15, 1993 and FB-1 Philippines moves forward by three (3) months to February 1, 2002.
  • FB-2A remains unchanged (again) for all ROW, China, India and Philippines at September 8, 2013.  It remains unchanged for Mexico at April 15, 2012.

EB-2 India and EB-3 ROW/China Remain Unchanged

Unfortunately, no news for EB-2 India means continued disappointment in the lack of movement in this category.   The reason for this lack of movement is the significant demand and pending cases at USCIS.   Last fall we reported on the expected retrogression in the EB India categories due to high demand and the December 2013 Visa Bulletin, together with the subsequent several Visa Bulletins, confirm our predictions.

The last few Visa Bulletins showed that our expectations were absolutely correct even though many of our EB India clients and readers were disappointed by this news.    Unfortunately, since EB-2 India remains severely retrogressed, we expect that there would be no forward movement for at least several months (perhaps until this summer).   The rationale behind this severe retrogression (in December 2013) and the lack of movement for the next several months 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 by moving back the cutoff date until USCIS and DOS are able to approve the pending cases and “clear” the demand.

EB-3 ROW/China remain unchanged this month after several nice forward movements over the past few months.  This is an indication that USCIS is seeing an increased (and perhaps sufficient) number of filings (I-485/NVC) in this category so that they have enough cases to distribute the annual number of green cards.    This slowdown in EB-3 ROW/China is likely to suggest that there would not be much significant forward movement, and perhaps that there may be a possible retrogression in these categories.

Perhaps a tiny glimmer of light in this, otherwise gloomy Visa Bulletin, is the presence of (a small) forward movement in EB-3 India.

EB-3 China Continues to be Ahead of EB-2 China, but EB-3 is Slowing Down

Over the past several months our office has handled many inquiries from Chinese nationals who are EB-2 applicants and who try to find out whether it makes sense to refile under EB-3 to take advantage of the unique situation where the cutoff date for EB-3 China (October 1, 2012) is more advanced than the date for EB-2 China (April 15, 2009).

What we saw in this month’s Visa Bulletin should give some pause to those who believe that they may be able to get a green card faster under EB-3 China than under EB-2 China.    In some cases,  an EB-2 China applicant can seek to “downgrade” their preference category, while retaining their priority date, in order to have a current priority date under the EB-3 category and to be able to file their I-485 application.   As a background, many EB-2 PERM Labor Certifications are drafted in a way allowing the subsequent filing of an EB-3 I-140 petition on the basis of the same PERM — thereby retaining the priority date under the EB-3 category.    While it is possible to use a PERM which has already expired if it has been used in support of a previous I-140, a new EB-3 I-140 filing may not be filed under premium processing.  Filing an I-140 under regular processing may take around four to five months and it is entirely possible that by the time an EB-3 I-140 is approved, the EB-3 China cutoff dates may retrogress.

We reiterate our caution to EB China applicants that the historic average for an EB-3 China priority date to become current and for a green card under this category to be approved is still significantly higher than the historic average wait time under EB-2.   As a result, and especially given the slowdown in EB-3 China, we believe that ultimately, an EB-2 China application would take less time to approve.

Our office is happy to consult applicants who are in this situation and are considering filing under EB-3 to take advantage of the more advanced EB-3 China cutoff dates.   Please contact us if we can help.

FB-2A Remains Unchanged

Another notable development (or lack thereof) is the fact that FB-2A cutoff date remains unchanged, after the introduction of a cutoff date in the October 2013 Visa Bulletin.   We expected the October 2013 FB-2A cutoff date to be introduced and the fact that it remains unchanged is not surprising since it appears that USCIS and the Department of State have seen increased number of filings in this 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 May 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 significant forward movement in the cutoff dates.    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 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.

No comments

April 2014 Visa Bulletin – EB-2 and EB-3 India Unchanged; EB-3 ROW, China and Mexico Advance Again; No Movement in FB-2A

The U.S. State Department has just released the April 2014 Visa Bulletin which is the seventh Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the expected lack of movement in EB-2 India, the continued forward  movement in EB-3 ROW, China and Mexico, and the fact that FB-2A remains unchanged with a (relatively) recent cutoff date.

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

Below is a summary of the April 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 November 15, 2004 and is expected to remain at this level for some more time (with possible forward movement later in the fiscal year).  EB-2 China moves forward by three (3) weeks to March 8, 2009 (indicating that the forward movement trend is slowing down and is likely to reverse soon).
  • EB-3 ROW, China and Mexico move forward by one (1) month to October 1, 2012.  EB-3 Philippines moves forward by six (6) weeks to June 15, 2007, while EB-3 India  remains unchanged at September 15, 2003.
  • The “other worker” moves forward by one (1) month to October 1, 2012 for ROW, China and Mexico.  It moves forward by six (6) weeks to June 15, 2007 for Philippines and remains unchanged at September 15, 2003 for India.

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

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

  • FB-1 ROW, China and India all move forward by three (3) weeks to February 22, 2007.   FB-1 Mexico moves forward by two (2) weeks to November 1, 1993 and FB-1 Philippines moves forward by two and a half (2.5) months to November 1, 2001.
  • FB-2A remains unchanged (again) for all ROW, China, India and Philippines at September 8, 2013.  It remain unchanged for Mexico at April 15, 2012
  • FB-2B ROW, China and India all move forward by seven (7) weeks to October 22, 2006.  FB-2B Mexico remains unchanged at May 1, 1993 while FB-2B Philippines also remains unchanged at June 8, 2003.

EB-2 and EB-3 India Remain Unchanged

Unfortunately, no news for EB-2 India means continued disappointment in the lack of movement in this category.   The reason for this lack of movement is the significant demand and pending cases at USCIS.   Last fall we reported on the expected retrogression in the EB India categories due to high demand and the December 2013 Visa Bulletin, together with the subsequent several Visa Bulletins, confirm our predictions.

The last few Visa Bulletins showed that our expectations were absolutely correct even though many of our EB India clients and readers were disappointed by this news.    Unfortunately, since EB-2 India remains severely retrogressed, we expect that there would be no forward movement for at least several months (perhaps until this summer).   The rationale behind this severe retrogression (in December 2013) and the lack of movement for the next several months 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 by moving back the cutoff date until USCIS and DOS are able to approve the pending cases and “clear” the demand.

EB-3 China Continues to be Ahead of EB-2 China

Over the past three months or so, our office has handled many inquiries from Chinese nationals who are EB-2 applicants and who try to find out whether it makes sense to refile under EB-3 to take advantage of the unique situation where the cutoff date for EB-3 China (October 1, 2012) is more advanced than the date for EB-2 China (March 8, 2009).

In some cases,  an EB-2 China applicant can seek to “downgrade” their preference category, while retaining their priority date, in order to have a current priority date under the EB-3 category and to be able to file their I-485 application.   As a background, many EB-2 PERM Labor Certifications are drafted in a way allowing the subsequent filing of an EB-3 I-140 petition on the basis of the same PERM — thereby retaining the priority date under the EB-3 category.    While it is possible to use a PERM which has already expired if it has been used in support of a previous I-140, a new EB-3 I-140 filing may not be filed under premium processing.  Filing an I-140 under regular processing may take around four to five months and it is entirely possible that by the time an EB-3 I-140 is approved, the EB-3 China cutoff dates may retrogress.

We also caution our clients and readers, especially the China employment-based applicants, that the historic average for an EB-3 China priority date to become current and for a green card under this category to be approved is still significantly higher than the historic average wait time under EB-2.   As a result, even if it is possible that an EB-3 “downgrade” may allow the I-485 filing, we still believe that ultimately, an EB-2 China application would take less time to approve.

Our office is happy to consult applicants who are in this situation and are considering filing under EB-3 to take advantage of the more advanced EB-3 China cutoff dates.   Please contact us if we can help.

FB-2A Remains Unchanged

Another notable development (or lack thereof) is the fact that FB-2A cutoff date remains unchanged, after the introduction of a cutoff date in the October 2013 Visa Bulletin.   We expected the October 2013 FB-2A cutoff date to be introduced and the fact that it remains unchanged is not surprising since it appears that USCIS and the Department of State have seen increased number of filings in this category.   Also not entirely unexpected is the retrogression in FB-2A for Mexican nationals — the Department of State has been cautioning that they see significant demand in this category and a retrogression would be forthcoming.

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 April 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 significant forward movement in the cutoff dates.    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 April 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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March 2014 Visa Bulletin – EB-2 India Unchanged; EB-3 ROW, China and Mexico Advance Again; No Movement in FB-2A; FB-2A Mexico Retrogression

The U.S. State Department has just released the March 2014 Visa Bulletin which is the sixth Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the expected lack of movement in EB-2 India, the continued forward  movement in EB-3 ROW, China and Mexico, the fact that FB-2A remains unchanged with a (relatively) recent cutoff date, and the significant 18-month retrogression for FB-2A Mexico.

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

Below is a summary of the March 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 November 15, 2004 and is expected to remain at this level for some more time (with possible forward movement later in the fiscal year).  EB-2 China moves forward by five (5) weeks to February 15, 2009.
  • EB-3 ROW, China and Mexico move forward by three (3) months to September 1, 2012.  EB-3 Philippines moves forward by two (2) weeks to May 1, 2007, while EB-3 India  moves forward (finally!) by two (2) weeks to September 15, 2003.
  • The “other worker” moves forward by three (3) months to September 1, 2012 for ROW, China and Mexico.  It moves forward by two (2) weeks to May 1, 2007 for Philippines and moves forward by two (2) weeks to September 15, 2003 for India.

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

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

  • FB-1 ROW, China and India all move forward by one (1) month to February 1, 2007.   FB-1 Mexico moves forward by two (2) weeks to October 15, 1993 and FB-1 Philippines remains unchanged at August 15, 2001.
  • FB-2A remains unchanged (again) for all ROW, China, India and Philippines at September 8, 2013.  It retrogresses for Mexico by moving back almost 18 months to April 15, 2012.
  • FB-2B ROW, China and India all move forward by seven (7) weeks to September 1, 2006.  FB-2B Mexico remains unchanged at May 1, 1993 while FB-2B Philippines moves forward by two (2) weeks to June 8, 2003.

EB-2 India Remains Unchanged; EB-3 India Barely Moves Forward

Unfortunately, no news for EB-2 India means continued disappointment in the lack of movement in this category.  In the fall of 2013, we reported on the expected retrogression in the EB India categories due to high demand and the December 2013 Visa Bulletin, together with the subsequent three Visa Bulletins, confirm our predictions.    The last few Visa Bulletins showed that our expectations were absolutely correct even though many of our EB India clients and readers were disappointed by this news.    Unfortunately, since EB-2 India remains severely retrogressed, we expect that there would be no forward movement for at least several months (perhaps until Summer 2014).   The rationale behind this severe retrogression (in December 2013) and the lack of movement for the next several months 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 by moving back the cutoff date until USCIS and DOS are able to approve the pending cases and “clear” the demand.

EB-3 ROW, China and Mexico Move Forward Again

In contrast to EB India, we note that the EB-3 ROW, China and Mexico categories continue to move forward (again) and with a good pace.   Last month the forward movement in this category was two months, following a six-month forward movement in the January 2014 Visa Bulletin.   This is another significant movement and would help many EB-3 applicants who are waiting for a visa number to either file their I-485 adjustment of status applications or process their immigrant visa at the U.S. Consulate abroad.   Overall, the EB-3 ROW, China and Mexico categories have advanced by almost one year over the past three months.

EB-3 China Continues to be Ahead of EB-2 China

Over the past couple of months or so, our office has handled many inquiries from Chinese nationals who are EB-2 applicants and who try to find out whether it makes sense to refile under EB-3 to take advantage of the unique situation where the cutoff date for EB-3 China (September 1, 2012) is more advanced than the date for EB-2 China (February 15, 2009).

In some cases,  an EB-2 China applicant can seek to “downgrade” their preference category, while retaining their priority date, in order to have a current priority date under the EB-3 category and to be able to file their I-485 application.   As a background, many EB-2 PERM Labor Certifications are drafted in a way allowing the subsequent filing of an EB-3 I-140 petition on the basis of the same PERM — thereby retaining the priority date under the EB-3 category.    While it is possible to use a PERM which has already expired if it has been used in support of a previous I-140, a new EB-3 I-140 filing may not be filed under premium processing.  Filing an I-140 under regular processing may take around four to five months and it is entirely possible that by the time an EB-3 I-140 is approved, the EB-3 China cutoff dates may retrogress.

We also caution our clients and readers, especially the China employment-based applicants, that the historic average for an EB-3 China priority date to become current and for a green card under this category to be approved is still significantly higher than the historic average wait time under EB-2.   As a result, even if it is possible that an EB-3 “downgrade” may allow the I-485 filing, we still believe that ultimately, an EB-2 China application would take less time to approve.

Our office is happy to consult applicants who are in this situation and are considering filing under EB-3 to take advantage of the more advanced EB-3 China cutoff dates.   Please contact us if we can help.

FB-2A Remains Unchanged; FB2A Mexico Retrogresses Significantly

Another notable development (or lack thereof) is the fact that FB-2A cutoff date remains unchanged, after the introduction of a cutoff date in the October 2013 Visa Bulletin.   We expected the October 2013 FB-2A cutoff date to be introduced and the fact that it remains unchanged is not surprising since it appears that USCIS and the Department of State have seen increased number of filings in this category.   Also not entirely unexpected is the retrogression in FB-2A for Mexican nationals — the Department of State has been cautioning that they see significant demand in this category and a retrogression would be forthcoming.

We urge those FB-2A Mexico nationals who are current now and who would not be current as of March 1 to consider filing their I-485 application as soon as possible to take advantage of this (rare) opportunity to file I-485 and obtain work and travel authorization documents for as long as the I-485 remains pending.    Please contact us if we can help.

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 March 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 significant forward movement in the cutoff dates.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Visa Bulletin Predictions – Employment-Based

The March 2014 Visa Bulletin also provides a general estimate on the movement of the cutoff dates over the next months.

EB-1.   This category is expected to remain current.

EB-2 ROW.  This category is expected to remain current.

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 expected.

EB-3 ROW.    After the last few months’  significant forward movement, as demand (number of filings) increases, the forward movement may stop or the dates may even retrogress.   .

EB-3 China.  Expected to track the worldwide (ROW) date.

EB-3 India.  “Little or no” forward movement expected.

EB-3 Philippines.  Expected to keep moving forward by three to six weeks per month.

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 March 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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How to Skip the Per-Country Immigrant Visa Line – Cross-Chargeability Options

Many of our readers follow closely our reports of the monthly Visa Bulletin which provides cutoff dates for those immigrant visa (green card) applicants who are current and have immigrant visa numbers available (i.e. their actual permanent resident “green” card is assigned an available number and can be issued).   The past several Visa Bulletins have been disappointing for most, especially for EB India applicants with the lack of movement and the prospect of a very long wait time before their priority date becomes current.

With such little movement, of any, it is difficult to imagine an alternative to the long wait, in particular for those from India, but also from many Mexican, Chinese, and Philippine applicants.   For some, however, the rule of cross-chargeability could provide relief by moving them from an over-subscribed and long-delayed country of chargeability to another with a substantially shorter wait time.

The Cross-Chargeability, As Defined by the Immigration and Nationality Act (INA)

The rule is set by the Section 202(b)(2) of INA.   Specifically, the rule states that:

[I]f an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year.

The cross-chargeability rule applies to both I-485 adjustment of status and to consular processing immigrant visa cases.   However, it is important to note that while the rule has been generally accepted and works for most of the cases, the way the law is drafted does not require but merely allows the government to apply cross-chargeability.  Note the language, “may, if necessary, to prevent the separation of husband and wife.”   It is our experience that a properly documented, flagged and submitted I-485 cross-chargeability application would be accepted and approved under this section of INA.

Skipping the Line – How Does Cross-Chargeability Work?

Cross-chargeability allows a family of applicants to move their country of immigrant visa chargeability from one category to another if a member of the family was born elsewhere.  Most often this applies to a spouse (not the main applicant) who was born in a different country, their place of birth was a different country at the time of birth, or they were born on the high seas (rare).

It is important to note that parents cannot take advantage of cross-chargeability and use the country of birth of a child.

Examples of Cross-Chargeability (and Line-Skipping)

Here are a few examples of how the rules apply to real-world situations :

  • A married foreign worker born in India has a pending Employment-Based Third Category (“EB-3”) case with an October 2006 priority date, and it could be a few years before the current EB-3 India  cutoff time moves from September 1, 2003 (currently, from the February 2014 Visa Bulletin) to past October 2006 to make this worker’s priority date current.  However, because the worker’s spouse was actually born in Canada, in this example, cross-chargeability would allow the EB-3 October 2006 priority date to be processed under the all-other-nationalities (Rest of the World, or ROW) EB-3 category which, as of today,  is processing priority dates of June 1, 2012 and earlier.  As a result, a long delay in waiting for the EB-3 India category to reach the October 2006 priority date is bypassed and the family can obtain their green cards within weeks or months (depending on how the application is filed).
  • Another married foreign worker born in China has an EB-2 immigrant visa waiting with a July 2010 priority date.  Currently, as of this month, EB-2 China cases with a priority date of January 8, 2009 and earlier are being issued permanent resident status.  However, the worker’s spouse was born in Hong Kong before 1997 when it became part of China again.  Since Hong Kong was not part of China at the time of birth, cross-chargeability allows the worker and spouse to be processed under the all-other-nationalities (ROW) EB-2 category.  As this category is current, there would be no wait time for a current priority date.

How Can We Help?

Do you have a family member whose country of birth differs from the country of birth of the main applicant/worker? We would be happy to consult with you and analyze your options for filing or other alternatives, if they apply to your situation.   The possibility of significant improvement in the waiting/processing of one’s green card application makes cross-chargeability a desirable option, if it is applicable.   We offer a number of consultation options to help you evaluate your situation.

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 this article.  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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February 2014 Visa Bulletin – EB India No Movement; EB-3 ROW, China and Mexico Advance Again; No Movement in FB-2A

The U.S. State Department has just released the February 2014 Visa Bulletin which is the fifth Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the expected lack of movement in EB India, the slowing forward movement in EB-3 ROW, China and Mexico and the fact that FB-2A remains unchanged with a (relatively) recent cutoff date.

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

Below is a summary of the February 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 November 15, 2004 and is expected to remain at this level for some time.  EB-2 China moves forward by one (1) month to January 8, 2009.
  • EB-3 ROW, China and Mexico move forward by two (2) months to June 1, 2012.  EB-3 Philippines moves forward by two (2) months to April 15, 2007, while EB-3 India  remains unchanged (again) at September 1, 2003.
  • The “other worker” moves forward by two (2) months to June 1, 2012 for ROW, China and Mexico.  It moves forward by two (2) months to April 15, 2007 for Philippines and remains unchanged at September 1, 2003 for India.

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

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

  • FB-1 ROW, China and India all move forward by three (3) weeks to January 1, 2007.   FB-1 Mexico moves forward by only one (1) week to October 1, 1993 and FB-1 Philippines moves forward by six (6) weeks to August 15, 2001.
  • FB-2A remains unchanged (again) for all nationalities.  All categories (FB-2A ROW, China, India, Mexico and Philippines) continue to have a cutoff date of September 8, 2013.
  • FB-2B ROW, China and India all move forward by five (5) weeks to July 8, 2006.  FB-2B Mexico moves backwards by eleven (11) months to May 1, 1993 while FB-2B Philippines moves forward by three (3) weeks to May 22, 2003.

EB India Remains Unchanged

Earlier this fall, in October, we reported on the expected retrogression in the EB India categories due to high demand and the December 2013 Visa Bulletin, together with this February 2014 Visa Bulletin, confirm our predictions.    The last few Visa Bulletins showed that our expectations were absolutely correct even though many of our EB India clients and readers were disappointed by this news.    Unfortunately, since EB-2 India remains severely retrogressed, we expect that there would be no forward movement for at least several months (perhaps until Summer 2014).   The rationale behind this severe retrogression (in December 2013) and the lack of movement for the next several months 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 by moving back the cutoff date until USCIS and DOS are able to approve the pending cases and “clear” the demand.

EB-3 ROW, China and Mexico Move Forward Again, But Slowly

In contrast to EB India, we note that the EB-3 ROW, China and Mexico categories continue to move forward (again) but not as fast as they have been advancing over the past few months.   This month, the movement was only  by two months — compared to the forward movement of six months in the January 2014 Visa Bulletin.   This is another significant movement and would help many EB-3 applicants who are waiting for a visa number to either file their I-485 adjustment of status applications or process their immigrant visa at the U.S. Consulate abroad.

EB-3 China More Advanced than EB-2 China

Over the past month or so, our office has handled many inquiries from Chinese nationals who are EB-2 applicants and who try to find out whether it makes sense to refile under EB-3 to take advantage of the unique situation where the cutoff date for EB-3 China (June 1, 2012) is more advanced than for EB-2 China (January 8, 2009).

Very often, an EB-2 China applicant seeks to “downgrade” their preference category, while retaining their priority date, in order to have a current priority date and be able to file their I-485 application.   As a background, many EB-2 PERM Labor Certifications are drafted in a way allowing the subsequent filing of an EB-3 I-140 petition — thereby retaining the priority date under the EB-3 category.    While it is possible to use a PERM which has already expired if it has been used in support of a previous I-140, a new EB-3 I-140 filing may not be filed under premium processing.  Filing an I-140 under regular processing may take around four to five months and it is entirely possible that by the time an EB-3 I-140 is approved, the EB-3 China cutoff dates may retrogress.

We also caution our clients and readers, especially the China employment-based applicants, that the historic average for an EB-3 China priority date to become current and for a green card under this category to be approved is still significantly higher than the historic average wait time under EB-2.   As a result, even if it is possible that an EB-3 “downgrade” may allow the I-485 filing, we still believe that ultimately, an EB-2 China application would take less time to approve.

Our office is happy to consult applicants who are in this situation and are considering filing under EB-3 to take advantage of the more advanced EB-3 China cutoff dates.   Please contact us if we can help.

FB-2A Remains Unchanged

Another notable development (or lack thereof) is the fact that FB-2A cutoff date remains unchanged, after the introduction of a cutoff date in the October 2013 Visa Bulletin.   We expected the October 2013 FB-2A cutoff date to be introduced and the fact that it remains unchanged is not surprising since it appears that USCIS and the Department of State have seen increased number of filings in this 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 February 2014 Visa Bulletin (EB-3, specifically) 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 significant forward movement in the cutoff dates.    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 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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January 2014 Visa Bulletin – EB India No Movement; EB-3 ROW, China and Mexico Advance Significantly Again; No Movement in FB-2A

The U.S. State Department has just released the January 2014 Visa Bulletin which is the fourth Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the expected lack of movement in EB India, the significant (six months) forward movement in EB-3 ROW, China and Mexico and the fact that FB-2A remains unchanged with a (relatively) recent cutoff date.

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

Below is a summary of the January 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 November 15, 2004 and is expected to remain at this level for some time.  EB-2 China moves forward by one (1) month to December 8, 2008.
  • EB-3 ROW, China and Mexico move forward by six (6) months to April 1, 2012.  EB-3 Philippines moves forward by five (5) weeks five to February 15, 2007, while EB-3 India  remains unchanged at September 1, 2003.
  • The “other worker” moves forward by six (6) months to April 1, 2012 for ROW, China and Mexico.  It moves forward by five (5) weeks to February 15, 2007 for Philippines and remains unchanged at September 1, 2003 for India.

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

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

  • FB-1 ROW, China and India all move forward by three (3) weeks to December 8, 2006.   FB-1 Mexico remains unchanged (again) at September 22, 1993 and FB-1 Philippines also remains unchanged (again) at July 1, 2001.
  • FB-2A remains unchanged (again) for all nationalities.  All categories (FB-2A ROW, China, India, Mexico and Philippines) continue to have a cutoff date of September 8, 2013.
  • FB-2B ROW, China and India all move forward by one (1) month to June 1, 2006.  FB-2B Mexico remains unchanged at April 1, 1994 while FB-2B Philippines moves forward by five (5) weeks to May 1, 2003.

EB India Remains Unchanged

Earlier this fall, in October, we reported on the expected retrogression in the EB India categories due to high demand and the December 2013 Visa Bulletin, together with this January 2014 Visa Bulletin, confirm our predictions.    The December 2013 Visa Bulletin showed that our expectations were absolutely correct even though many of our EB India clients and readers were disappointed by this news.    Unfortunately, since EB-2 India remains severely retrogressed, we expect that there would be no forward movement for at least several months (perhaps until Summer 2014).   The rationale behind this severe retrogression (in December 2013) and the lack of movement for the next several months 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 by moving back the cutoff date until USCIS and DOS are able to approve the pending cases and “clear” the demand.

EB-3 ROW, China and Mexico Move Forward Significantly (Again) By Six Months

In contrast to EB India, we note that the EB-3 ROW, China and Mexico categories move forward (again) very significantly – by six months from October 1, 2011 to April 1, 2012.   This is another very significant movement and would help many EB-3 applicants who are waiting for a visa number to either file their I-485 adjustment of status applications or process their immigrant visa at the U.S. Consulate abroad.

FB-2A Remains Unchanged

Another notable development (or lack thereof) is the fact that FB-2A cutoff date remains unchanged, after the introduction of a cutoff date in the October 2013 Visa Bulletin.   We expected the October 2013 FB-2A cutoff date to be introduced and the fact that it remains unchanged is not surprising since it appears that USCIS and the Department of State have seen increased number of filings in this 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 January 2014 Visa Bulletin (EB-3, specifically) 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 significant forward movement in the cutoff dates.    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 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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