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.


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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Breaking News: EB-2 India Unavailable for Rest of September; Major Retrogression in EB-2 India Coming in the Fall

Mr. Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State, just announced in a meeting in which our office participated that due to extraordinarily high volume of EB-2 India cases, the Department of State will make the EB-2 India category unavailable until the end of the fiscal year (September 30, 2014) effective immediately as of today, September 10, 2014.  It is important to note that this announcement does not affect the October 2014 Visa Bulletin, which has EB-2 India with a cutoff date of May 1, 2009 and which will be effective as of October 1, 2014.

Making a category unavailable is an emergency measure and is caused, in this instance, by the high volume of EB-2 India filings (and approvals), combined with the fact that the available visa numbers for the fiscal year have been or will be reached immediately.   While it is not unusual for the available visa numbers for a fiscal year to be reached at some time in September (because the fiscal year ends at the end of September and because the Department of State is trying to make sure that all visa numbers are used before the end of the fiscal year or be lost),  making a visa category unavailable with an immediate effect is a rare move.

No or Few EB-2 India Approvals Expected for the Rest of September

The fact that the EB-2 India has been made “unavailable” and that there are no more visa numbers available in this category means that we should not expect any further EB-2 India approvals in September.      There may be few approvals, nonetheless.  The reason is that an immigration officer may have already requested and received an authorization for a visa number for a pending I-485 case and as long as this visa number has been already allocated, an approval of an I-485 application may come even after this announcement.

When the new fiscal year starts on October 1, the annual visa numbers reset and we should continue to see adjudications and approvals for pending I-485 applications with current priority dates.

No EB-2 India Filings for the Remainder of September

The fact that EB-2 India is unavailable for September also means that no new EB-2 India I-485 filings will be accepted and processed during the rest of the month.    This includes I-485 filings for dependents and I-485 interfiling requests (usually after I-140 porting applications).   Cases that are filed are either likely to be held for processing on October 1st or will be returned to the applicant.

Update 9/11/2014.  Based on recent experience when DOS made EB-5 China “unavailable”,  USCIS is likely to continue accepting I-485 filings but those cases will be held in the Visa Office’s “Pending Demand” file until October 1, 2014.   At that time, all eligible cases will be automatically authorized from the “Pending Demand” file under the FY-2015 annual numerical limitation.

EB-2 India Major Retrogression Upcoming

Mr. Oppenheim also confirmed that a major retrogression for EB-2 India is expected in November or December.    According to Mr. Oppenheim, EB-2 India is likely to retrogress possibly all the way back to 2005.   On a longer term note, EB-2 India is likely to move forward extremely slowly and EB-2 India candidates should prepare for a long wait under the current visa allocation system and given the current high levels of demand.

Conclusion

The folks most affected by this breaking announcement will be EB-2 India applicants who were planning to file their (or their family members’) I-485 applications in the month of September.   These candidates may now have to wait until still be able to file their I-485 applications but such applications may be held until October 1st.    Also, EB-2 India applicants with pending I-485 applications and a current priority date will likely have to wait until October 1st, at least, to get some good news.

We will provide updates on this piece of breaking news and related topics.    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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October 2014 Visa Bulletin – EB-2 India Unchanged with Imminent Retrogression

The U.S. State Department has just released the October 2014 Visa Bulletin which is the first Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement in EB-2 and the expectation of an imminent retrogression in this category.    EB-3 advances nicely for everyone except EB-3 India.   FB-2A also advances slightly.

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

Below is a summary of the October 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 May 1, 2009.  EB-2 China moves forward by five (5) weeks to November 15, 2009.
  • EB-3 ROW, Mexico and Philippines advance by six (6) months to October 1, 2011.   EB-3 China advances by five (5) moths to April 1, 2009 while EB-3 India  advances by only one (1) week to November 15, 2003.
  • The “other worker” categories for ROW, Mexico and Philippines advance by six (6) months to October 1, 2011.   EB-3 China remains unchanged at July 22, 2005 while EB-3 India  advances by only one (1) week to November 15, 2003.

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

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

  • FB-1 ROW, China and India all move forward by three (3) weeks to May 22, 2007.   FB-1 Mexico moves forward by three (3) weeks to June 22, 1994 and FB-1 Philippines moves forward by one (1) month to September 1, 2004.
  • FB-2A moves forward again (after a period of retrogression and no movement) – it moves forward significantly by one (1) month to February 1, 2013 for ROW, China, India and Philippines.  It also moves forward by three (3) months to July 22, 2012 for Mexico.

EB-2 India No Change This Month; Retrogression Coming in November

After the significant forward movement over the past few months in EB-2 India, this month’s Visa Bulletin suggests that the trends is about to reverse.    The fact that there is no movement in EB-2 India, combined with the Visa Bulletin note that a retrogression in this category is imminent confirms 0ur expectation that the high rate of recent I-485 filings and I-485 approvals are creating sufficient demand in EB-2 India to force the Department of State to move the cutoff dates backwards.

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).

There are still many EB-2 India applicants who are current as of September and 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 few months and before the expected retrogression in EB-2 India.

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 October 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 October 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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September 2014 Visa Bulletin – EB-2 India Again Moves Forward by Four Months; EB-3 Philippines and FB-2A Also Advance Significantly

The U.S. State Department has just released the September 2014 Visa Bulletin which is the twelfth and last Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the continued notable forward movement in EB-2 India and EB-3 Philippines and the lack of movement in any of the other EB categories.   Also, very notable is the significant (and long overdue) forward movement in the FB-2A category.

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

Below is a summary of the September 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 over three (3) months to May 1, 2009.  EB-2 remains unchanged at October 8, 2009.
  • EB-3 ROW and Mexico remain unchanged (again) at April 1, 2011.  EB-3 China remains unchanged at November 1, 2008 while EB-3 India  remains unchanged at November 8, 2003.   EB-3 Philippines advances by ten (10) months to April 1, 2011.
  • The “other worker” categories for ROW and Mexico remain unchanged at April 1, 2011.  EB-3 China remains unchanged at July 22, 2005 while EB-3 India  remains unchanged at November 8, 2003.  EB-3 Philippines advances by ten (10) months to April 1, 2011.

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

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

  • FB-1 ROW, China and India all move forward by one (1) week to May 1, 2007.   FB-1 Mexico moves forward by almost two (2) months to June 1, 1994 and FB-1 Philippines moves forward by two (2) months to August 1, 2004.
  • FB-2A finally moves forward (after a period of retrogression and no movement) – it moves forward significantly by eight (8) months to January 1, 2013 for ROW, China, India and Philippines.  It also moves forward by over one (1) year to April 22, 2012 for Mexico.

EB-2 India Another Significant Forward Movement

After the significant forward movement over the last couple of months 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 May 1, 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, followed by two four-month forward movements, 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 may cause this (and other) category to reach its annual limit sometime in September – when this happens, the government (USCIS and DOS) will stop approving immigrant visas and a correction in the Visa Bulletin midway through the month may be possible.    The September Visa Bulletin cautions that a retrogression in EB-2 India is likely as early as in the November Visa Bulletin.

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 September 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 September 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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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.

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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.

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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.

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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.

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