The U.S. State Department just released the January 2011 Visa Bulletin which is the fourth Visa Bulletin for the FY2011 fiscal year and first for the calendar year.    The major headline in the upcoming month’s bulletin is the major retrogression in family-based visa numbers, accompanied by the continued slow forward movement across the employment-based categories.  The retrogression in family-based categories is a surprise following recent comments by the State Department that family-based categories (especially 2A) should continue to move forward.

Summary of the January 2011 Visa Bulletin – Employment-Based (EB)

Below is a summary of the January 2011 Visa Bulletin with respect to employment-based petitions:

• EB-1 remains current across the board.
• EB-2 ROW (Rest of World), Mexico and Philippines remain current, EB-2 China moves forward by two (2) weeks to June  22, 2006, while EB-2 India remains (again, for a number of consecutive months) unchanged at May 8, 2006.
• EB-3 ROW moves forward by one (1) month to March 22, 2005, EB-3 China  moves forward by one (1) week to December 15, 2003, while EB-3 India  moves forward by also one (1) week to February 1, 2002.  EB-3 Mexico moves forward by 9.5 months to April 15, 2003 and EB-3 Philippines moves forward by one (1) month to March 22, 2005.
• The “other worker” category remains unchanged at  April 22, 2003 for ROW and China and Philippines.  It moves forward by one (1) week to February 1, 2002 for India.  Mexico moves forward by 9.5 months to April 15, 2003.

Summary of the January 2011 Visa Bulletin – Family-Based (FB)

Below is a summary of the January 2011 Visa Bulletin with respect to family-based petitions:

• FB1 ROW, China and India retrogress and go back by more than thirteen (13) months to January 1, 2005.  FB1 Mexico moves forward by one (1) week to January 8, 1993.
• FB2A ROW, China, India and Philippines retrogress and go back by 32 months from August 1, 2010 to January 1, 2008.  This is the most significant development this month.
• FB2B ROW, China and India retrogress and go back by approximately twenty-two (22) months to April 15, 2003.  FB2B Mexico remains unchanged at June 22, 1992 and FB2B Philippines moves backwards by almost 9 months to May 15, 1999.

Slow Movement  for Employment-based Petitions and Significant Backwards Movement in Family-based Priority Dates

The slow forward movement across many employment categories continues, as expected, although the movement in the employment-based categories may be very disappointing to many, especially in the the EB-2 India category which did not move at all this month (EB-3 India moved forward by only a week).

However, the most notable and significant movement was across the family-based preference categories.  The FB-2A category, which was widely expected to continue to move forward, and to even  be current by the February 2011 Visa Bulletin (see our comments on Charles Oppenheim’s predictions from September 2010) has retrogressed significantly from August 2010 to January 2008.

What Are the Reasons for the FB Category Retrogression?

Simply stated, the reason for the retrogression is high demand, caused by the prompt forward movement of family-based categories over the past months.   Those past forward movements have resulted in a dramatic increase in the level of applicant demand received in recent months.   This, according to the State Department, has required the retrogression of many Family preference cut-off dates for January 2011 in an effort to hold number use within the various numerical limits.   Unfortunately, according to the State Department, further retrogressions cannot be ruled out should demand continue at the current levels.

Family-based Applicants with Current Priority Dates Should File Adjustment of Status (I-485) Applications by the End of December 2010

Given the retrogression in family-based preference categories, those who have approved (or pending) I-130 petitions, who are otherwise eligible to file adjustment of status (I-485) application and whose priority dates will be affected by the retrogression in the family-based categories should consider filing their I-485 adjustments before the end of December 2010.  Please contact us immediately if we can help you prepare your I-485 application.