Last updated Thursday, June 13, 2013, 9:42 am

Jun
13

Visa Bulletin Expectations and Predictions for the Remainder of the Fiscal Year – EB-2 India Forward Movement Expected

June 13th, 2013 | by D.M. | Category: Articles, EB-2, I-485, News, Visa Bulletin

After the July 2013 Visa Bulletin was issued a few days ago, many of our clients and readers are anxious to get a sense of  what we should expect for the remainder of the 2013 Fiscal Year (ends on September 30, 2013).    As a result,  we would like to share the Department of State (the agency determining the Visa Bulletin cutoff dates) expectations for movement of visa numbers over the next few months and specifically, for August and September 2013.   Please note that these are short-term predictions and depending on the number of applications as a result of the next months or two’s visa numbers, the rate of cutoff date movement may change.

Expectations for Employment-based Categories for August-September 2013

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

EB-2 Rest of World (ROW).  This category is expected to remain current throughout the fiscal year; unlike last year when there was a cutoff date introduced in the summer.

EB-2 India.   Some forward movement expected.   At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. We do not know what kind of forward movement is expected.   It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category.  A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

EB-2 China.   Up to two months at a time possible.

EB-3 Rest of World (ROW).    No additional movement expected until October. This cut-off date has advanced 18 months during the past three months.  Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.

EB-3 China.  No additional movement expected until October.

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

EB-3 Mexico.  No additional movement expected until October.

EB-3 Philippines.   Up to two weeks at a time.

Conclusion

It is good news to see that some forward movement in EB-2 India is expected over the next two months, although we do not know by how much the cutoff dates in this category are expected to advance.    Many of our EB-2 India clients and readers are eagerly awaiting some movement in this category and it appears that there will be some such movement coming next month.

Those EB-2 India applicants who will become current with this anticipated movement should be able to file or interfile their existing I-485s to a new I-140, if applicable, and hopefully get the benefit of AC21 portability rules. If our office can be of any assistance, please do not hesitate to contact us.   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.

Jun
10

July 2013 Visa Bulletin – EB-2 India Remains Unchanged at September 1, 2004; Significant Forward Movement in EB-3

June 10th, 2013 | by D.M. | Category: Articles, EB-2, EB-3, News, Visa Bulletin

The U.S. State Department has just released the July 2013 Visa Bulletin which is the tenth Visa Bulletin for the FY2013 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement (again) in EB-2 India and the very significant forward movement in the EB-3 category for most countries (with the exception of India and Philippines which moved very slightly forward).

Summary of the July 2013 Visa Bulletin – Employment-Based (EB)

Below is a summary of the July 2013 Visa Bulletin with respect to employment-based petitions:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India remains unchanged, again, at (the severely retrogressed) September 1, 2004.   EB-2 China moves forward by three (3) weeks to August 8, 2008.
  • EB-3 ROW, China and Mexico move forward by four (4) months to January 1, 2009.  EB-3 Philippines moves forward by only one (1) week to October 1, 2006, while EB-3 India  moves forward by only two (2) weeks to January 22, 2003.
  • The “other worker” category moves forward by four (4) months for ROW and Mexico to January 1, 2009.  It moves forward by one (1) week to October 1, 2006 for Philippines and moves forward by five (5) months to March 22, 2004 for China.  It moves forward by two (2) weeks for India to January 22, 2003.

Summary of the July 2013 Visa Bulletin – Family-Based (FB)

Below is a summary of the July 2013 Visa Bulletin with respect to family-based petitions:

  • FB-1 continues to move forward, although slowly.  FB-1 ROW, China and India all move forward by five (5) weeks to June 1, 2006.   FB-1 Mexico moves forward by only one (1) week to August 22, 1993 and FB-1 Philippines moves forward by six (6) months to July 1, 2000.
  • FB-2A moves forward by four (4) months to October 8, 2011  for ROW, China, India, and Philippines.  FB-2A Mexico moves forward by almost (4) months to September 1, 2011.
  • FB-2B ROW, China and India all move forward by almost (4) months to November 1, 2005.  FB-2B Mexico moves forward by four and a half (4.5) months to November 1, 1993 while FB-2B Philippines moves forward by seven (7) weeks to December 22, 2002.

Again: No Progress in EB-2 India – Confirms Our Expectations for a Very Slow Forward Movement in the Future?

Unfortunately, the July 2013 Visa Bulletin does not bring any news for us to report in connection with EB-2 India.   This category has been stuck at September 1, 2004 since the October 2012 Visa Bulletin.  Yes, we realize we are repeating what we have been reporting over the past several months, but again this month the EB-2 India cutoff dates remain unchanged.     We are into the last quarter of the fiscal year, and the continued lack of any movement in EB-2 India this month is a strong indication that there is simply too high of a demand in the EB-2 India category and that the Department of State would move the cutoff dates forward very slowly in order to allow USCIS to approve the (high) number of EB-2 cases filed and pending.

Significant Forward Movement in EB-3

The July 2013 Visa Bulletin brings some continued notable forward movement in the EB-3 category for most countries.    According to the State Department, this has been done in an attempt to generate demand so that the annual numerical limits may be fully utilized, and such movements may continue for the next few months.   Once the number of EB-3 filings increases to show that the available visa numbers for the year will  be utilized, the EB-3 forward movement would slow down or stop.   Since the last two months have advanced the EB-3 dates significantly, resulting in a high demand, it is possible to see slowdown in the EB-3 movement in the next few months.  In fact, this month’s visa bulletin advanced by four months, compared to seven months in the prior 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 July 2013 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.

May
10

June 2013 Visa Bulletin – EB-2 India Remains Unchanged at September 1, 2004; Significant Forward Movement in EB-3

May 10th, 2013 | by D.M. | Category: Articles, EB-2, EB-3, News, Visa Bulletin

The U.S. State Department has just released the June 2013 Visa Bulletin which is the ninth Visa Bulletin for the FY2013 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement (again) in EB-2 India and the very significant forward movement in the EB-3 category for most countries (with the exception of India and Philippines which moved very slightly forward).

Summary of the June 2013 Visa Bulletin – Employment-Based (EB)

Below is a summary of the June 2013 Visa Bulletin with respect to employment-based petitions:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India remains unchanged, again, at (the severely retrogressed) September 1, 2004.   EB-2 China moves forward by two (2) months to July 15, 2008.
  • EB-3 ROW, China and Mexico move forward by nine (9) months to September 1,  2008.  EB-3 Philippines moves forward by only one (1) week to September 22, 2006, while EB-3 India  moves forward by only two (2) weeks to January 8, 2003.
  • The “other worker” category moves forward by nine (9) months for ROW and Mexico to September 1, 2008.  It moves forward by one (1) week to September 22, 2006 for Philippines and moves forward by seven (7) weeks to October 22, 2003 for China.  It moves forward by two (2) weeks for India to January 8, 2003.

Summary of the June 2013 Visa Bulletin – Family-Based (FB)

Below is a summary of the June 2013 Visa Bulletin with respect to family-based petitions:

  • FB-1 continues to move forward, although slowly.  FB-1 ROW, China and India all move forward by three (3) weeks to April 22, 2006.   FB-1 Mexico moves forward by only one (1) week to August 15, 1993 and FB-1 Philippines moves forward by seven (7) months to January 1, 2000.
  • FB-2A moves forward by three (3) months to June 8, 2011  for ROW, China, India, and Philippines.  FB-2A Mexico moves forward by three (3) months to May 8, 2011.
  • FB-2B ROW, China and India all move forward by seven (7) weeks to July 8, 2005.  FB-2B Mexico moves forward by six (6) weeks to June 15, 1993 while FB-2B Philippines moves forward by seven (7) weeks to November 1, 2002.

Again: No Progress in EB-2 India – Confirms Our Expectations for a Very Slow Forward Movement in the Future?

Unfortunately, the June 2013 Visa Bulletin does not bring any news for us to report in connection with EB-2 India.   Yes, we realize we are repeating what we have been reporting over the past several months, but again this month the EB-2 India cutoff dates remain unchanged.     We are into the last quarter of the fiscal year, and the continued lack of any movement in EB-2 India this month is a strong indication that there is simply too high of a demand in the EB-2 India category and that the Department of State would move the cutoff dates forward very slowly in order to allow USCIS to approve the (high) number of EB-2 cases filed and pending.

Significant Forward Movement in EB-3
The June 2013 Visa Bulletin brings some notable forward movement in the EB-3 category for most countries.    According to the State Department, this has been done in an attempt to generate demand so that the annual numerical limits may be fully utilized, and such movements may continue for the next few months.   Once the number of EB-3 filings increases to show that the available visa numbers for the year will  be utilized, the EB-3 forward movement would slow down or stop.   Since the last two months have advanced the EB-3 dates significantly, resulting in a high demand, it is possible to see slowdown in the EB-3 movement in the next few months.
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 2013 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.

Apr
10

May 2013 Visa Bulletin – EB-2 India Remains Unchanged at September 1, 2004; Significant Forward Movement in EB-3

April 10th, 2013 | by A.M. | Category: Articles, EB-2, EB-3, News, Visa Bulletin

The U.S. State Department has just released the May 2013 Visa Bulletin which is the eighth Visa Bulletin for the FY2013 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement (again) in EB-2 India and the significant forward movement in the EB-3 category for most countries (with the exception of India and Philippines).

Summary of the May 2013 Visa Bulletin – Employment-Based (EB)

Below is a summary of the May 2013 Visa Bulletin with respect to employment-based petitions:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India remains unchanged, again, at (the severely retrogressed) September 1, 2004.   EB-2 China moves forward by six (6) weeks to May 15, 2008.
  • EB-3 ROW and EB-3 Mexico move forward by five (5) months to December 1, 2007.  EB-3 Philippines moves forward by only one (1) week to September 15, 2006, EB-3 China  moves forward by a little over five (5)  months to December 1, 2007, while EB-3 India  moves forward by only two (2) weeks to December 22, 2002.
  • The “other worker” category moves forward by five (5) months for ROW and Mexico to December 1, 2007.  It moves forward by one (1) week to September 15, 2006 for Philippines and moves forward by one (1) week at September 1, 2003 for China.  It moves forward by two (2) weeks for India to December 22, 2002.

Summary of the May 2013 Visa Bulletin – Family-Based (FB)

Below is a summary of the May 2013 Visa Bulletin with respect to family-based petitions:

  • FB-1 continues to move forward.  FB-1 ROW, China and India all move forward by three (3) weeks to April 1, 2006.   FB-1 Mexico moves forward by only one (1) week to August 8, 1993 and FB-1 Philippines moves forward by almost four (4) months to June 1, 1999.
  • FB-2A moves forward by two and a half (2.5) months to March 1, 2011  for ROW, China, India, and Philippines.  FB-2A Mexico moves forward by two (2) months to February 1, 2011.
  • FB-2B ROW, China and India all move forward by five (5) weeks to May 15, 2005.  FB-2B Mexico moves forward by nine (9) weeks to May 1, 1993 while FB-2B Philippines moves forward by seven (7) weeks to September 8, 2002.

Again: No Progress in EB-2 India – Confirms Our Expectations for a Very Slow Forward Movement in the Future?

Unfortunately, the May 2013 Visa Bulletin does not bring any news for us to report in connection with EB-2 India.   Yes, we realize we are repeating what we have been reporting over the past several months, but again this month the EB-2 India cutoff dates remain unchanged.     We are well into the second half of the fiscal year, and the continued lack of any movement in EB-2 India this month is a strong indication that there is simply too high of a demand in the EB-2 India category and that the Department of State would move the cutoff dates forward very slowly in order to allow USCIS to approve the (high) number of EB-2 cases filed and pending.

Significant Forward Movement in EB-3
The May 2013 Visa Bulletin brings some notable forward movement in the EB-3 category for most countries.    According to the State Department, this has been done in an attempt to generate demand so that the annual numerical limits may be fully utilized, and such movements may continue for the next few months.   Once the number of EB-3 filings increases to show that the available visa numbers for the year will  be utilized, the EB-3 forward movement would slow down or stop.
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 2013 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.

Mar
11

April 2013 Visa Bulletin – EB-2 India Remains Unchanged at September 1, 2004

March 11th, 2013 | by D.M. | Category: Articles, EB-2, I-485, News, Visa Bulletin

The U.S. State Department has just released the April 2013 Visa Bulletin which is the seventh Visa Bulletin for the FY2013 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement (again) in EB-2 India.   Many have been looking forward to this Visa Bulletin in order to gauge the anticipated rate of the forward movement in EB-2 India over the next months; unfortunately, it seems that EB-2 India may continue to face a very slow (if any) forward movement over the next months.  There is continued notable forward movement in EB-3 China of almost two months.

Summary of the April 2013 Visa Bulletin – Employment-Based (EB)

Below is a summary of the April 2013 Visa Bulletin with respect to employment-based petitions:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India remains unchanged, again, at (the severely retrogressed) September 1, 2004.   EB-2 China moves forward by six (6) weeks to April 1, 2008.
  • EB-3 ROW and EB-3 Mexico move forward by two (2) months to July 1, 2007.  EB-3 Philippines moves forward by only one (1) week to September 8, 2006, EB-3 China  moves forward by three (3)  months to April 22, 2007, while EB-3 India  moves forward by only two (2) weeks to December 8, 2002.
  • The “other worker” category moves forward by twp (2) months for ROW and Mexico to July 1, 2007.  It moves forward by one (1) week to September 8, 2006 for Philippines and moves forward (after months without change) by seven (7) weeks at August 21, 2003 for China.  It moves forward by two (2) weeks for India to December 8, 2002.

Summary of the April 2013 Visa Bulletin – Family-Based (FB)

Below is a summary of the April 2013 Visa Bulletin with respect to family-based petitions:

  • FB-1 continues to move forward.  FB-1 ROW, China and India all move forward by three (3) weeks to March 8, 2006.   FB-1 Mexico moves forward by only one (1) week to August 1, 1993 and FB-1 Philippines moves forward by four (4) months to February 15, 1999.
  • FB-2A moves forward by three (3) weeks to December 15, 2010 for ROW, China, India, and Philippines.  FB-2A Mexico moves forward by two (2) weeks to December 1, 2010.
  • FB-2B ROW, China and India all move forward by five (5) weeks to April 8, 2005.  FB-2B Mexico moves forward by five (5) weeks to February 22, 1993 while FB-2B Philippines moves forward by five (5) weeks to July 15, 2002.

Again: No Progress in EB-2 India – Confirms Our Expectations for a Very Slow Forward Movement in the Future?

Yes, we realize we are repeating what we have been reporting over the past several months, but again this month the EB-2 India cutoff dates remain unchanged.     We are well into the second half of the fiscal year, and the continued lack of any movement in EB-2 India this month is a strong indication that there is simply too high of a demand in the EB-2 India category and that the Department of State would move the cutoff dates forward very slowly in order to allow USCIS to approve the (high) number of EB-2 cases filed and pending.

The movements (or the lack thereof) reflected in the April 2013 Visa Bulletin confirm the predictions and the comments made by Mr. Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State we shared last week.   The lack of movement in EB-2 India confirms Mr. Oppenheim’s comments that EB-2 India is not expected to move over the next months; in fact, a retrogression is possible in this category.

Visa Bulletin Predictions – Employment-Based

We would like to share recent comments by Mr. Oppenheim on the 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; however, Mr. Oppenheim suggested that depending on demand he may introduce a cutoff date towards the end of the fiscal year, not unlike what happened during the summer of 2012.

EB-2 India. No forward movement expected; possible retrogression.

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

EB-3 Rest of World (ROW).    Four-to-six weeks per month.

EB-3 China.  Two-to-three months per month.

EB-3 India.  Up to two weeks per month.

EB-3 Mexico.  Four-to-six weeks per month.

EB-3 Philippines.   Up to one week 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 April 2013 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.

Feb
25

Visa Bulletin Predictions and Updates from Charles Oppenheim (February 2013)

February 25th, 2013 | by D.M. | Category: Articles, EB-2, EB-3, News, Visa Bulletin

In a recent conversation with the American Immigration Lawyers Association (AILA) of which our office is a member, Mr. Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State, has provided some updates and thoughts on the visa numbers and the Visa Bulletin.    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.    Mr. Oppenheim provided some recent updates and thoughts on the visa number movement over the next few months and we are happy to share with our clients and readers.

Summary of Mr. Oppenheim’s Key Points

Immigration Reform.  Immigration reform proposals that are currently circulating in Washington, DC are under review at Mr. Oppenheim’s office so that his office is ready to adjust if/when an immigration reform (whatever it ends up looking like) becomes a law, his office is ready to respond.

EB-5.  Over the past few months, Mr. Oppenheim’s office had expressed a concern that EB-5 China numbers were moving too fast; however, it appears that the numbers have leveled off which means that a cutoff date for EB-5 China, while possible, is not as likely anymore.   At the same time, worldwide EB-5 usage is up 75% when compared to the same period of last year.

EB-1 India and China.  According to Mr. Oppenheim, EB-1 India and China have used numbers for the year, but the rest of the EB-1 categories’ numbers can “fall across” and satisfy any additional EB-1 India and China demand and prevent a cutoff date.

EB-2 India.   Very little, if any, movement expected in the short term due to upgrades (porting of priority date) from EB-3 India to EB-2 India.   According to Mr. Oppenheim, in December 2012 alone, India EB-2 had 125 cases approved that were from 2003 or earlier.   Considering the current 2004 cutoff dates, EB-2 India could easily reach the annual limit — an indication that any forward movement is extremely unlikely.   Possible good news is the possibility of certain “fall down”  from EB-1 (numbers are not known at this point) to allow for more numbers to be used for EB-2 India.   “Fall down” refers to taking numbers from one category which may remain unused (EB-1) and allocating t another category which has a high demand (EB-2 India, for example).     Current numbers indicate that there are approximately 42,000 EB-2 India cases in line with priority dates prior to May 2010.

EB-3 India.   There are 44,000 cases with priority dates before August 2007, which have been pre-adjudicated, though final approval and visa issuance has not taken place due to priority date retrogressions over the past several years.   Also, some of these cases are upgrading to EB-2 so the numbers are in constant flux.

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; however, Mr. Oppenheim suggested that depending on demand he may introduce a cutoff date towards the end of the fiscal year, not unlike what happened during the summer of 2012.

EB-2 India. No forward movement expected; possible retrogression.

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

EB-3 Rest of World (ROW).    Four-to-six weeks per month.

EB-3 China.  Two-to-three months per month.

EB-3 India.  Up to two weeks per month.

EB-3 Mexico.  Four-to-six weeks per month.

EB-3 Philippines.   Up to one week per month.

On Predicting the Visa Bulletin Cutoff Dates

We wish to reiterate previous comments and thoughts of Mr. Oppenheim with respect to 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 slow rate of EB-2 India forward movement 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 the EB-2 India forward movement even further to be able to accommodate EB-2 India applicant with a very early (2003, 2004, etc.) priority date.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months.  Our EB-2 India and our EB-3 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.

Feb
11

March 2013 Visa Bulletin – EB-2 India Remains Unchanged at September 1, 2004

February 11th, 2013 | by D.M. | Category: Articles, EB-2, I-485, News, Visa Bulletin

The U.S. State Department has just released the March 2013 Visa Bulletin which is the sixth Visa Bulletin for the FY2013 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement (again) in EB-2 India.   Many have been looking forward to this Visa Bulletin in order to gauge the anticipated rate of the forward movement in EB-2 India over the next months; unfortunately, it seems that EB-2 India may continue to face a very slow (if any) forward movement over the next months.  There is continued notable forward movement in EB-3 China of almost two months.

Summary of the March 2013 Visa Bulletin – Employment-Based (EB)

Below is a summary of the March 2013 Visa Bulletin with respect to employment-based petitions:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all now current.    EB-2 India remains unchanged, again, at (the severely retrogressed) September 1, 2004.   EB-2 China moves forward by four (4) weeks to February 15, 2008.
  • EB-3 ROW and EB-3 Mexico move forward by six (6) weeks to May 1, 2007.  EB-3 Philippines moves forward by only one (1) week to September 1, 2006, EB-3 China  moves forward by nine (9) weeks to January 22, 2007, while EB-3 India  moves forward by only one (1) week to November 22, 2002.
  • The “other worker” category moves forward by six (6) weeks for ROW and Mexico to May 1, 2007.  It moves forward by one (1) week to September 1, 2006 for Philippines and remains unchanged (again) at July 1, 2003 for China.  It moves forward by one (1) week for India to November 22, 2002.

Summary of the March 2013 Visa Bulletin – Family-Based (FB)

Below is a summary of the March 2013 Visa Bulletin with respect to family-based petitions:

  • FB-1 continues to move forward.  FB-1 ROW, China and India all move forward by four (4) weeks to February 15, 2006.   FB-1 Mexico moves forward by only one (1) week to July 22, 1993 and FB-1 Philippines moves forward by over seven (7) months to October 15, 1998.
  • FB-2A moves forward by one (1) month to November 22, 2010 for ROW, China, India, and Philippines.  FB-2A Mexico moves forward by five (5) weeks to November 15, 2010.
  • FB-2B ROW, China and India all move forward by six (6) weeks to March 1, 2005.  FB-2B Mexico moves forward by four (4) weeks to January 15, 1993 while FB-2B Philippines moves forward by three (3) weeks to June 8, 2002.

Again: No Progress in EB-2 India – Confirms Our Expectations for a Very Slow Forward Movement in the Future?

Similar to the past several months, many in the EB-2 India community have been eagerly anticipating to see what the March 2013 Visa Bulletin would look like in an effort to “predict” how quickly the cutoff dates in EB-2 India would move in the future.   Unfortunately, the March 2013 Visa Bulletin does not bring good news.   Halfway through the fiscal year, the continued lack of any movement in EB-2 India this month is a strong indication that there is simply too high of a demand in the EB-2 India category and that the Department of State would move the cutoff dates forward very slowly in order to allow USCIS to approve the (high) number of EB-2 cases filed and pending.    This is the Department of State’s way to “control” the demand of visas in this category (number of new I-485 filings) and to allow USCIS to work through the number of filed and pending I-485 applications in this category (many of whom are by now eligible for AC21 porting, however).

The movements (or the lack thereof) reflected in the March 2013 Visa Bulletin confirm the predictions and the comments made by Mr. Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State.   The lack of movement in EB-2 India confirms Mr. Oppenheim’s comments that EB-2 India will move very slowly over the next months.  Based on the significant retrogression of few months ago and the lack of any movement this month, combined with Mr. Oppenheim’s expectations, we expect that there will be very slow and gradual forward movement in this category over the next months.

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 2013 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.

Jan
24

Immigrant Visa Delays – Cross-Chargeability Relief

January 24th, 2013 | by D.M. | Category: Articles, I-485, News, Visa Bulletin

Many of our readers follow closely our (and others’) 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 few Visa Bulletins have been disappointing for most, especially for EB-2 and EB-3 India applicants.   With such little movement, it is difficult to imagine an alternative to the long wait, in particular for those from India, but also from Mexico, China, and the Philippines.  For a few, the little known rule of cross-chargeability could provide relief by moving them from an over-taxed and long delayed country of chargeability to another with a substantially shorter wait time.

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 either born in a different country, or their place of birth was a different country at the time of birth, or they were born on the high seas (rare).  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 a October 2006 priority date, and it could be a few years before the current EB-3 cutoff time moves beyond November 15, 2002 (from the February 2013 Visa Bulletin).  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 is processing priority dates of February 1, 2007 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 few 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 2009 priority date.  Currently, EB-2 China cases with a priority date of January 15, 2008 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.

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

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.

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.

Jan
10

February 2013 Visa Bulletin – EB-2 India Remains Unchanged at September 1, 2004

January 10th, 2013 | by D.M. | Category: AC21, Articles, EB-2, EB-3, I-485, News, Visa Bulletin

The U.S. State Department has just released the February 2013 Visa Bulletin which is the fifth Visa Bulletin for the FY2013 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement (again) in EB-2 India.   Many have been looking forward to this Visa Bulletin in order to gauge the anticipated rate of the forward movement in EB-2 India over the next months; unfortunately, it seems that EB-2 India may continue to face a very slow (if any) forward movement over the next months.  There is continued notable forward movement in EB-3 China of almost two months.

Summary of the February 2013 Visa Bulletin – Employment-Based (EB)

Below is a summary of the February 2013 Visa Bulletin with respect to employment-based petitions:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all now current.    EB-2 India remains unchanged, again, at (the severely retrogressed) September 1, 2004.   EB-2 China moves forward by five (5) weeks to January 15, 2008.
  • EB-3 ROW and EB-3 Mexico move forward by six (6) weeks to March 15, 2007.  EB-3 Philippines moves forward by only one (1) week to August 22, 2006, EB-3 China  moves forward by seven (7) weeks to November 15, 2006, while EB-3 India  moves forward by only one (1) week to November 15, 2002.
  • The “other worker” category moves forward by six (6) weeks for ROW and Mexico to March 15, 2007.  It moves forward by one (1) week at August 22, 2006 for Philippines and remains unchanged (again) at July 1, 2003 for China.  It moves forward by one (1) week for India to November 15, 2002.

Summary of the February 2013 Visa Bulletin – Family-Based (FB)

Below is a summary of the February 2013 Visa Bulletin with respect to family-based petitions:

  • FB-1 continues to move forward.  FB-1 ROW, China and India all move forward by three (3) weeks to January 15, 2006.   FB-1 Mexico moves forward by only one (1) week to July 15, 1993 and FB-1 Philippines moves forward by ten (10) weeks to March 8, 1998.
  • FB-2A moves forward by one (1) month to October 22, 2010 for ROW, China, India, and Philippines.  FB-2A Mexico moves forward by five (5) weeks to October 8, 2010.
  • FB-2B ROW, China and India all move forward by five (5) weeks to January 15, 2005.  FB-2B Mexico moves forward by three (3) weeks to December 15, 1992 while FB-2B Philippines moves forward by one (1) month to May 15, 2002.

No Progress in EB-2 India – Confirms Our Expectations for a Very Slow Forward Movement in the Future?

Similar to the past two to three months, many in the EB-2 India community have been eagerly anticipating to see what the February 2013 Visa Bulletin would look like in an effort to “predict” how quickly the cutoff dates in EB-2 India would move in the future.   Unfortunately, the February 2013 Visa Bulletin does not bring good news.   The continued lack of any movement in EB-2 India this month is a strong indication that there is simply too high of a demand in the EB-2 India category and that the Department of State would move the cutoff dates forward very slowly in order to allow USCIS to approve the (high) number of EB-2 cases filed and pending.    This is the Department of State’s way to “control” the demand of visas in this category (number of new I-485 filings) and to allow USCIS to work through the number of filed and pending I-485 applications in this category (many of whom are by now eligible for AC21 porting, however).

The movements (or the lack thereof) reflected in the February 2013 Visa Bulletin confirm the predictions and the comments made by Mr. Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State.   The lack of movement in EB-2 India confirms Mr. Oppenheim’s comments that EB-2 India will move very slowly over the next months.  Based on the significant retrogression of few months ago and the lack of any movement this month, combined with Mr. Oppenheim’s expectations, we expect that there will be very slow and gradual forward movement in this category over the next months.

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 2013 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.

Dec
11

January 2013 Visa Bulletin – EB-2 India Remains Unchanged at September 1, 2004

December 11th, 2012 | by D.M. | Category: Articles, EB-2, EB-3, I-485, News, Visa Bulletin

The U.S. State Department has just released the January 2013 Visa Bulletin which is the fourth Visa Bulletin for the FY2013 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement (again) in EB-2 India.   Many have been looking forward to this Visa Bulletin in order to gauge the anticipated rate of the forward movement in EB-2 India over the next months; unfortunately, it seems that EB-2 India may continue to face a very slow (if any) forward movement over the next months.  There is notable forward movement in EB-3 China of more than two and a half months.

Summary of the January 2013 Visa Bulletin – Employment-Based (EB)

Below is a summary of the January 2013 Visa Bulletin with respect to employment-based petitions:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all now current.    EB-2 India remains unchanged, again, at (the severely retrogressed) September 1, 2004.   EB-2 China moves forward by six (6) weeks to December 8, 2007.
  • EB-3 ROW and EB-3 Mexico move forward by five (5) weeks to February 1, 2007.  EB-3 Philippines remains unchanged at August 15, 2006, EB-3 China  moves forward by eleven (11) weeks to September 22, 2006, while EB-3 India  moves forward by only one (1) week to November 8, 2002.
  • The “other worker” category moves forward by five (5) weeks for ROW and Mexico to February 1, 2007.  It remains unchanged at August 15, 2006 for Philippines and remains unchanged (again) at July 1, 2003 for China.  It moves forward by one (1) week for India to November 8, 2002.

Summary of the January 2013 Visa Bulletin – Family-Based (FB)

Below is a summary of the January 2013 Visa Bulletin with respect to family-based petitions:

  • FB-1 continues to move forward.  FB-1 ROW, China and India all move forward by three (3) weeks to December 22, 2005.   FB-1 Mexico moves forward by only one (1) week to July 8, 1993 and FB-1 Philippines moves forward by eight (8) weeks to December 22, 1997.
  • FB-2A moves forward by one (1) month to September 22, 2010 for ROW, China, India, and Philippines.  FB-2A Mexico moves forward by one (1) month to September 1, 2010.
  • FB-2B ROW, China and India all move forward by three (3) weeks to December 8, 2004.  FB-2B Mexico moves forward by three (3) weeks to November 22, 1992 while FB-2B Philippines moves forward by three (3) weeks to April 15, 2002.

No Progress in EB-2 India – Suggests Very Slow Forward Movement in the Future?

Similar to the past couple of months, many in the EB-2 India community have been eagerly anticipating to see what the January 2013 Visa Bulletin would look like in an effort to “predict” how quickly the cutoff dates in EB-2 India would move in the future.   Unfortunately, the January 2013 Visa Bulletin does not bring good news.   The lack of any movement in EB-2 India (again) this month is a strong indication that there is simply too high of a demand in the EB-2 India category and that the Department of State would move the cutoff dates forward very slowly in order to allow USCIS to approve the (high) number of EB-2 cases filed and pending.    This is the Department of State’s way to “control” the demand of visas in this category (number of new I-485 filings) and to allow USCIS to work through the number of filed and pending I-485 applications in this category (many of whom are by now eligible for AC21 porting, however).

The movements (or the lack thereof) reflected in the January 2013 Visa Bulletin confirm the predictions and the comments made by Mr. Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State.   The lack of movement in EB-2 India confirms Mr. Oppenheim’s comments that EB-2 India will move very slowly over the next months.  Based on the significant retrogression two months ago and the lack of any movement this month, combined with Mr. Oppenheim’s expectations, we expect that there will be very slow and gradual forward movement in this category over the next months.

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 2013 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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