U.S. Immigration Attorneys and Counselors

admin — Tue, 24 Jan 2012 15:39:46 +0000

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.

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 that Mr. Oppenheim has shared his first-hand knowledge of the demand in the employment-based green card categories and has afforded us to get some advance sense of the movement of the priority dates and also on short- and long-term immigrant visa trends.

Summary of Mr. Oppenheim’s January 2012 Visa Bulletin Predictions

The main points are that due to lower than anticipated demand in EB filings, EB-2 India and China cutoff dates may move forward by another 6 months in the March 2012 Visa Bulletin, and then slow down (or even retrogress) over the summer. The slow demand in EB-1 is expected to continue this year as well.

Observations of the Demand in Employment-based Visa Numbers

Unexpectedly Low EB-2 Usage and Rate of Filings. The employment-based (EB) visa number usage has been very slow in FY2012; as a result, the Department of State (DOS) is moving the dates forward to see how many cases are out there waiting to be filed. Mr. Oppenheim indicated that he is relying on USCIS and their estimates of the incoming EB I-485 cases (because 85 to 90% of all EB filings are I-485s filed with USCIS). It seems that USCIS had anticipated a higher demand — the rate of I-485 adjustment of status (AOS) filings has been only 50% of their estimates.

EB-1 Demand Low. Mr. Oppenheim assumes low usage of EB-1 numbers again this year. A “fall-down” of 12,000 additional EB-1 numbers into EB-2 is calculated into Mr. Oppenheim’s projections for 2012, although he thinks EB-1 number availability may be down by approximately 1,000 as compared to last year, due to heavier EB-5 usage since unused EB-5 numbers “spill up” to EB-1 and then down to EB-2. Mr. Oppenheim is very surprised by the severe downturn in EB-1 numbers – possible reasons are the impact of Kazarian on USCIS filings and demand for EB-1 EA numbers.

EB Visa Bulletin Predictions for 2012

March 2012 Visa Bulletin. According to Mr. Oppenheim, employment-based priority dates will advance again with the March 2012 Visa Bulletin, very likely by at least a few months. An advance of six months is possible, although an advance of one year is not likely. Mr. Oppenheim noted that given current AOS processing times of 4-6 months, filing AOS in March is the last time to get a case possibly approved before the end of the fiscal year on September 30, 2012.

Spring, Summer and rest of FY2012. After some movement in the March (and possibly the April 2012 Visa Bulletin), Mr. Oppenheim expects to hold the priority date over the summer, and then retrogress or advance, as needed and as determined by demand over the summer. Mr. Oppenheim does not have enough data at this time to predict demand and priority date changes in the last quarter of FY2012.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Overall, Mr. Oppenheim’s comments are likely to create some mixed feelings among our employment-based clients. Although EB-2 is likely to continue to move forward over the next one or two months, the long term prospects of EB-3 China and India are not good.

Our office has been very active and aggressive in preparing and timely filing I-485 adjustment of status applications for clients who have become “current” over the past few months. We will continue to be ready to handle the anticipated forward movement in the EB-2 China and India categories. Please do not hesitate to contact us if we can review your case or answer any questions. We are also happy to provide a free quote for preparing and filing your I-485 application. 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.

U.S. Immigration Attorneys and Counselors

admin — Fri, 06 Jan 2012 23:11:37 +0000

The U.S. State Department just released the February 2012 Visa Bulletin which is the fifth Visa Bulletin for the FY2012 fiscal year. The major headline in the upcoming month’s bulletin is the significant forward movement in EB-2 India and China (by twelve months) and the continued forward movement in FB-1.

Summary of the February 2012 Visa Bulletin – Employment-Based (EB)

Below is a summary of the February 2012 Visa Bulletin with respect to employment-based petitions:

EB-1 remains current across the board.
EB-2 remains current for EB-2 ROW, Mexico and Philippines. EB-2 India and EB-2 China both move forward by twelve (12) months to January 1, 2010.
EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by only three (3) weeks to February 22, 2006, EB-3 China moves forward by six (6) weeks to December 1, 2004, while EB-3 India moves forward by only one (1) week to August 15, 2002.
The “other worker” category remains unchanged (again) at April 22, 2003 for China. It moves forward by three (3) weeks for ROW, Mexico and Philippines to February 22, 2006. It also moves forward by two (2) weeks for India to August 15, 2002.

Summary of the February 2012 Visa Bulletin – Family-Based (FB)

Below is a summary of the February 2012 Visa Bulletin with respect to family-based petitions:

FB-1 moves forward (again, for fifth consecutive month). FB-1 ROW, China and India all move forward by nine (9) weeks to December 22, 2004. FB-1 Mexico moves forward by one (1) week to April 22, 1993 and FB-1 Philippines moves forward by five (5) weeks to May 22, 1997.
FB-2A moves forward by six (6) weeks to June 8, 2009 for ROW, China, India, and Philippines. FB-2A Mexico moves forward by six (6) weeks to May 8, 2009.
FB-2B ROW, China and India move forward by five (5) weeks to October 15, 2003. FB-2B Mexico remains unchanged at December 1, 1992. FB-2B Philippines moves forward by two (2) months to November 1, 2001.

Substantial Movement in EB-2 India and China Continues; Slow Movement for EB-3; Continued (for Fifth Month) Forward Movement in FB-1

One of the major headlines this month, in the fifth Visa Bulletin for the Fiscal Year 2012 is the continued and substantial forward movement in EB-2 India and China. This is a confirmation of the Visa Bulletin Predictions provided by our office after meeting Mr. Charles Oppenheim on October 26, 2011. The slow movement across EB-3 especially EB-3 India continues, unfortunately.

We see continued forward movement in the FB-1 category which, for several months, had not changed. This month’s forward movement is the fifth consecutive month with forward movement in the FB-1 category. We continue to see the FB-2A category move forward, although by not as much as we saw for the last few months and after the significant retrogression during the months before.

EB-2 China and India Predictions

The February 2012 Visa Bulletin provides some general observations on the expected forward movement in the EB-2 China and EB-2 India categories. While the significant advancement in these two categories over the past few months is expected to generate significant demand, the expectation, as of now, is that there may be more significant cutoff date forward movements in the future until USCIS sees sufficient number of filings for these categories. According to the State Department, such movements may not be on a monthly basis and should not be expected to last throughout the next fiscal year. If the number of filings indicates high demand for EB-2 China and India, a retrogression is possible.

The observations noted on this month’s Visa Bulletin also confirm Mr. Charles Oppenheim’s thoughts on the anticipated movement of the cutoff dates from our meeting on October 26, 2011. While the significant advancement in the EB-2 China and EB-2 India categories over the past few months is expected to generate significant demand, the expectation, as of now, is that there may be more significant cutoff date movements in the future.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of this significant movement in the cutoff dates across many of the categories, specifically in EB-2 India and EB-2 China. Those applicants whose priority dates are current as of the February 2012 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad. Please do not hesitate to contact us if our office can help you take advantage of this significant forward movement in the cutoff dates. To obtain a free and no-obligation quote for our express I-485 filing service, please complete our quote request form.

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 2012 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.

U.S. Immigration Attorneys and Counselors

admin — Fri, 09 Dec 2011 18:06:06 +0000

The U.S. State Department just released the January 2012 Visa Bulletin which is the fourth Visa Bulletin for the FY2012 fiscal year. The major headline in the upcoming month’s bulletin is the significant forward movement in EB-2 India and China (by nine and a half months) and the continued forward movement in FB1.

Summary of the January 2012 Visa Bulletin – Employment-Based (EB)

Below is a summary of the January 2012 Visa Bulletin with respect to employment-based petitions:

EB-1 remains current across the board.
EB-2 remains current for EB-2 ROW, Mexico and Philippines. EB-2 India and EB-2 China both move forward by nine and a half (9.5) months to January 1, 2009.
EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by only two (2) weeks to February 1, 2006, EB-3 China moves forward by five (5) weeks to October 15, 2004, while EB-3 India moves forward by only one (1) week to August 8, 2002.
The “other worker” category remains unchanged (again) at April 22, 2003 for China. It moves forward by one and (1) month for ROW, Mexico and Philippines to February 1, 2006. It also moves forward by three (3) weeks for India to August 1, 2002.

Summary of the January 2012 Visa Bulletin – Family-Based (FB)

Below is a summary of the January 2012 Visa Bulletin with respect to family-based petitions:

FB1 moves forward (again, for fourth consecutive month). FB1 ROW, China and India all move forward by six (6) weeks to October 15, 2004. FB1 Mexico moves forward by one (1) week to April 15, 1993 and FB1 Philippines moves forward by six (6) weeks to April 15, 1997.
FB2A moves forward by one (1) month to April 22, 2009 for ROW, China, India, and Philippines. FB2A Mexico moves forward by six (6) weeks to March 22, 2009.
FB2B ROW, China and India move forward by three (3) weeks to September 8, 2003. FB2B Mexico moves forward by only one (1) week to December 1, 1992. FB2B Philippines moves forward by two (2) weeks to September 1, 2001.

Substantial Movement in EB-2 India and China Continues; Slow Movement for EB-3; Continued (for Fourth Month) Forward Movement in FB1

One of the major headlines this month, in the fourth Visa Bulletin for the Fiscal Year 2012 is the continued and substantial forward movement in EB-2 India and China. This is a confirmation of the Visa Bulletin Predictions provided by our office after meeting Mr. Charles Oppenheim on October 26, 2011. The slow movement across EB-3 especially EB-3 India continues, unfortunately.

We see continued forward movement in the FB1 category which, for several months, had not changed. Although the movement is only of six weeks, it is still a notable movement, especially when added to the recent forward movement in the previous Visa Bulletins. We continue to see the FB2A category move forward, although by not as much as we saw for the last few months and after the significant retrogression during the months before.

EB-2 China and India Predictions

The January 2012 Visa Bulletin provides some general observations on the expected forward movement in the EB-2 China and EB-2 India categories. While the significant advancement in these two categories over the past few months is expected to generate significant demand, the expectation, as of now, is that there may be more significant cutoff date forward movements in the future until USCIS sees sufficient number of filings for these categories. According to the State Department, such movements may not be on a monthly basis and should not be expected to last throughout the next fiscal year. If the number of filings indicates high demand for EB-2 China and India, a retrogression is possible.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of this significant movement in the cutoff dates across many of the categories, specifically in EB-2 India and EB-2 China. Those applicants whose priority dates are current as of the January 2012 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad. Please do not hesitate to contact us if our office can help you take advantage of this significant forward movement in the cutoff dates.

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 2012 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.

U.S. Immigration Attorneys and Counselors

admin — Thu, 10 Nov 2011 15:43:23 +0000

The U.S. State Department just released the December 2011 Visa Bulletin which is the third Visa Bulletin for the FY2012 fiscal year. The major headline in the upcoming month’s bulletin is the significant forward movement in EB-2 India and China (four and a half months) and the continued forward movement in FB1.

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

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

EB-1 remains current across the board.
EB-2 remains current for EB-2 ROW, Mexico and Philippines. EB-2 India and EB-2 China both move forward by four and a half (4.5) months to March 15, 2008.
EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by only three (3) weeks to January 15, 2006, EB-3 China moves forward by two (2) weeks to September 8, 2004, while EB-3 India moves forward by only one (1) week to August 1, 2002.
The “other worker” category remains unchanged (again) at April 22, 2003 for China. It moves forward by one and a half (1.5) months for ROW, Mexico and Philippines to January 1, 2006. It also moves forward by five (5) weeks for India to July 22, 2002.

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

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

FB1 moves forward (again, for third consecutive month). FB1 ROW, China and India all move forward by five (5) weeks to September 1, 2004. FB1 Mexico moves forward by one (1) week to April 8, 1993 and FB1 Philippines moves forward by three (3) weeks to March 1, 1997.
FB2A moves forward by five (5) weeks to March 22, 2009 for ROW, China, India, and Philippines. FB2A Mexico moves forward by two (2) months to February 8, 2009.
FB2B ROW, China and India move forward by two (2) weeks to August 15, 2003. FB2B Mexico remains unchanged at November 22, 1992. FB2B Philippines moves forward by one (1) month to August 15, 2001.

Substantial Movement in EB-2 India and China Continues; Slow Movement for EB-3; Continued (for Third Month) Forward Movement in FB1

One of the major headlines this month, in the second Visa Bulletin for the Fiscal Year 2012 is the continued substantial forward movement in EB-2 India and China. This is a confirmation of the Visa Bulletin Predictions provided by our office after meeting Mr. Charles Oppenheim on October 26, 2011. The slow movement across EB-3 continues, unfortunately.

We see continued forward movement in the FB1 category which, for several months, had not changed. Although the movement is only of five weeks, it is still a notable movement, especially when added to the five week movement in the October 2011 and November 2011 Visa Bulletins. We continue to see the FB2A category move forward, although by not as much as we saw for the last few months and after the significant retrogression during the months before.

EB-2 China and India Predictions

While this month’s Visa Bulletin is silent on anticipated movements in the cutoff dates over the next months, we can share some predictions and expectations for the movement of the cutoff dates over the next several Visa Bulletins. Two weeks ago, on October 26, 2011, our office met Mr. Charles Oppenheim who shared some of his thoughts on the anticipated movement of the cutoff dates. While the significant advancement in the EB-2 China and EB-2 India categories over the past few months is expected to generate significant demand, the expectation, as of now, is that there may be more significant cutoff date movements in the future, or at least in the January 2011 Visa Bulletin. According to the State Department, such movements may not be on a monthly basis and should not be expected to last throughout the next fiscal year. If the number of filings indicates high demand for EB-2 China and India, a retrogression is possible. However, after meeting Mr. Oppenheim on October 26, 2011, he indicated that he expects to advance EB-2 India and EB-2 China significantly at least in this December 2011 Visa Bulletin and, possibly, in the January 2012 (next month’s) Visa Bulletin.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of this significant movement in the cutoff dates across many of the categories, specifically in EB-2 India and EB-2 China. Those applicants whose priority dates are current as of the December 2011 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad. Please do not hesitate to contact us if our office can help you take advantage of this significant forward movement in the cutoff dates.

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 2011 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.

U.S. Immigration Attorneys and Counselors

admin — Thu, 27 Oct 2011 02:21:06 +0000

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.

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 advance sense of the movement of the priority dates and also on short- and long-term immigrant visa trends.

Summary of Mr. Oppenheim’s Key Points

EB-2 China and India will advance significantly over the next few visa bulletins. A possible slowdown (or retrogression) may come in the summer of 2012. EB-3 China and, specifically, India, will move very slowly and this category is “ridiculously” oversubscribed — very long times to be expected. Family-based dates will advance gradually.

General Visa Number Trends

Mr. Oppenheim reiterated the fact that in the employment-based context, each green card application case is “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). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the EB-3 visa numbers are expected to remain oversubscribed and to move slowly forward.

However, Mr. Oppenheim indicated that he expects to be able to advance EB-2 China and India significantly over the next few months.

With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has exceeded his expectations after the sharp forward movement at the end of 2010. This sharp forward movement has generated a significant demand for FB2 preference category visas and he has had to retrogress significantly in order to control demand. He indicated that slow forward movement is expected.

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

EB-2 China and EB-2 India. These two categories are where the most action is going to be over the next few months. Mr. Oppenheim indicated that he expects to be able to advance EB-2 China and India significantly over the next few visa bulletins. It is possible that the December 2011 Visa Bulletin would advance EB-2 India and China to at least March 1, 2008 or even further. Similar forward movement may be expected in the January 2012 and February 2012 Visa Bulletins. Mr. Oppenheim cautioned, however, that if there is high demand (number of filings) in the EB-2 category, he may hold or even retrogress towards the summer of 2012. He noted that there is usually a 4-6 month gap between filing of an I-485 adjustment application and when a visa number is actually requested and allocated — this means that EB-2 India and China I-485 applications filed in the fall will be need visa numbers in spring/summer of 2012 and this is when retrogression may happen.

EB-3 Rest of World (ROW). This category is expected to move gradually slightly forward for the next few visa bulletins — anticipated forward movement of 3 to 4 weeks per month.

EB-3 China. This category is expected to move slowly forward – by 1-3 weeks per month for the next few months.

EB-3 India. Unfortunately, this category is, according to Mr. Oppenheim, “ridiculously oversubscribed” and forward movement, if any, will be very slow. This category is expected to remain unchanged or to move very slowly forward (by a 1-2 weeks or so). This is mainly caused by the fact that there are simply too many EB-3 India applicants waiting for a visa number to become available. Mr. Oppenheim suggested that since the summer of 2007, no new EB-3 India cases have been filed and there is a significant number of EB-3 India candidates waiting for the priority dates to move forward.

EB-3 India and China – 70 Years Wait for Green Card?

There have been a number of recent articles and comments on the possibility that Indian and Chinese applicants who are in the EB-3 category may be facing a 70-year wait to obtain a visa number. Mr. Oppenheim’s reaction: that this is “plausible”.

As a background, according to a recent report, since the majority of employment-based green card filings are from India and China, the current per-country limit (which restricts the number of green cards awarded to any country to 7% of the total) places a ceiling on how many EB-3 green cards can be approved every year. For Indians, the limit of EB-3 green cards that can be issued every year is fewer than 3,000. The estimate (generally confirmed by Mr. Oppenheim) of the pending EB-3 cases is somewhere around 210,000 (primary EB-3 candidates plus family members). As a result, a simple calculation shows that it may take around 70 years for an EB-3 India candidate to obtain a green card.

Unfortunately, the estimates were generally confirmed by Mr. Oppenheim who, while not specifically endorsing the 70-year wait period, confirmed that EB-3 India will be very slow going forward due to very heavy demand. EB-3 China is in a very similar situation, even though the demand numbers are proportionally lower.

Visa Bulletin Predictions – Family-Based

Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, Mr. Oppenheim indicated that the family-based visa numbers are likely to be fairly predictable.

FB 2A. According to Mr. Oppenheim, this family-based category has shown a high demand as a result of the sudden forward movement at the end of 2010 and, as a result, had to be retrogressed. Now that the demand is fairly predictable, a gradual forward movement of 3-6 weeks per month is to be expected.

FB 2B and FB3. Forward movement in the 2B category is expected to be 1-2 weeks per month.

FB4. Forward movement of about one month per month is to be expected.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Overall, Mr. Oppenheim’s comments are likely to create some mixed feelings among our employment-based clients. Although EB-2 is likely to move forward significantly over the next few months, the long term prospects of EB-3 China and India are not good.

Our office is prepared to handle the anticipated significant forward movement in the EB-2 China and India categories. Please do not hesitate to contact us if we can review your case or answer any questions. 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.

U.S. Immigration Attorneys and Counselors

admin — Fri, 07 Oct 2011 01:01:34 +0000

The U.S. State Department just released the November 2011 Visa Bulletin which is the second Visa Bulletin for the FY2012 fiscal year. The major headline in the upcoming month’s bulletin is the significant forward movement in EB-2 India and China and the forward movement in FB1.

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

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

EB-1 remains current across the board.
EB-2 remains current for EB-2 ROW, Mexico and Philippines. EB-2 India and EB-2 China both move forward by three and a half (3.5) months to November 1, 2007.
EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by only two (2) weeks to December 22, 2005, EB-3 China moves forward by two (2) weeks to August 22, 2004, while EB-3 India moves forward by only one (1) week to July 22, 2002.
The “other worker” category remains unchanged (again) at April 22, 2003 for China. It moves forward by two (2) months for ROW, Mexico and Philippines to November 15, 2005. It also moves forward by one (1) week for India to June 15, 2002.

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

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

FB1 moves forward (again, for second month). FB1 ROW, China and India all move forward by five (5) weeks to July 22, 2004. FB1 Mexico moves forward by one (1) week to April 1, 1993 and FB1 Philippines moves forward by one (1) month to February 8, 1997.
FB2A moves forward by five (5) weeks to February 15, 2009 for ROW, China, India, and Philippines. FB2A Mexico moves forward by six (6) weeks to December 1, 2008.
FB2B ROW, China and India move forward by two (2) weeks to August 1, 2003. FB2B Mexico remains unchanged at November 22, 1992. FB2B Philippines moves forward by ten (10) weeks to July 15, 2001.

Substantial Movement in EB-2 India and China Continues; Slow Movement for EB-3; Finally (for Second Month) Forward Movement in FB1

One of the major headlines this month, in the second Visa Bulletin for the Fiscal Year 2012 is the continued substantial forward movement in EB-2 India and China. The slow movement across EB-3 continues, unfortunately.

We see continued forward movement in the FB1 category which, for several months, had not changed. Although the movement is only of five weeks, it is still a notable movement, especially when added to the five week movement in the October 2011 Visa Bulletin. We continue to see the FB2A category move forward, although by not as much as we saw for the last few months and after the significant retrogression during the months before.

EB-2 China and India Predictions

The November 2011 Visa Bulletin provides some general observations on the expected forward movement in the EB-2 China and EB-2 India categories. While the significant advancement in these two categories over the past few months is expected to generate significant demand, the expectation, as of now, is that there may be more significant cutoff date movements in the future. According to the State Department, such movements may not be on a monthly basis and should not be expected to last throughout the next fiscal year. If the number of filings indicates high demand for EB-2 China and India, a retrogression is possible.

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 2011 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.

U.S. Immigration Attorneys and Counselors

admin — Sat, 10 Sep 2011 01:45:59 +0000

The U.S. State Department just released the October 2011 Visa Bulletin which is the first Visa Bulletin for the FY2012 fiscal year. The major headline in the upcoming month’s bulletin is the significant forward movement in EB-2 India and China and the forward movement in FB1.

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

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

EB-1 remains current across the board.
EB-2 remains current for EB-2 ROW, Mexico and Philippines. EB-2 India and EB-2 China both move forward by three (3) months to July 15, 2007.
EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by two (2) weeks to December 8, 2005, EB-3 China moves forward by three (3) weeks to August 8, 2004, while EB-3 India moves forward by only one (1) week to July 15, 2002.
The “other worker” category remains unchanged at April 22, 2003 for China. It moves forward by six (6) weeks for ROW, Mexico and Philippines to September 15, 2005. It also moves forward by one (1) week for India to June 8, 2002.

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

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

FB1 moves forward (finally!). FB1 ROW, China and India all move forward by six (6) weeks to June 15, 2004. FB1 Mexico moves forward by one (1) week to March 22, 1993 and FB1 Philippines moves forward by a little over two (2) months to January 8, 1997.
FB2A moves forward by five (5) weeks to January 8, 2009 for ROW, China, India, and Philippines. FB2A Mexico moves forward by three (3) weeks to October 15, 2008.
FB2B ROW, China and India move forward by two (2) weeks to July 15, 2003. FB2B Mexico moves forward by three (3) weeks to November 22, 1992. FB2B Philippines moves forward by five (5) weeks to May 1, 2001.

Substantial Movement in EB-2 India and China; Slow Movement for EB-3; Finally Forward Movement in FB1

One of the major headlines this month, in the first Visa Bulletin for the Fiscal Year 2012 is the substantial forward movement in EB-2 India and China. The slow movement across EB-3 continues, unfortunately.

We finally see forward movement in the FB1 category which, for several months, had not changed. Although the movement is only of five weeks, it is still a notable movement. We continue to see the FB2A category move forward, although by not as much as we saw for the last few months and after the significant retrogression during the months before.

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 2011 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.

U.S. Immigration Attorneys and Counselors

admin — Tue, 09 Aug 2011 20:07:54 +0000

The U.S. State Department just released the September 2011 Visa Bulletin which is the final Visa Bulletin for the FY2011 fiscal year. The major headline in the upcoming month’s bulletin is the lack of any movement in the EB-2 China and EB-2 India categories, which have moved significantly over the past few months. Also, FB2A moves forward by four months.

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

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

EB-1 remains current across the board.
EB-2 remains unchanged across the board: EB-2 ROW (Rest of World), Mexico and Philippines remain current while EB-2 China and EB-2 India are unchanged at April 15, 2007.
EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by three (3) weeks to November 22 , 2005, EB-3 China moves forward by only one (1) week to July 15, 2004, while EB-3 India moves forward by five (5) weeks to July 8, 2002.
The “other worker” category remains unchanged at April 22, 2003 for China and at June 1, 2002 for India. It moves forward by three (3) months to August 1, 2005 for ROW, Mexico and Philippines.

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

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

FB1 remains unchanged (again) for ROW, China and India at May 1, 2004. It moves forward by one (1) week to March 15, 1993 for Mexico. It also moves forward by 6.5 months to November 1, 2006 for for Philippines.
FB2A moves forward by over four (4) months to December 1, 2008 for ROW, China, India, and Philippines. FB2A Mexico moves forward by less than four (4) months to September 22, 2008.
FB2B ROW, China and India remains unchanged at July 1, 2003. FB2B Mexico moves forward by one (1) month to November 1, 1992. FB2B Philippines moves forward by over (3) months to March 22, 2001.

Slow Movement for Employment-based Petitions; EB-2 India and EB-2 China Movement Slows Down; Substantial Forward Movement for FB2A; No Movement in FB1

The slow forward movement across many employment categories continues, as expected. The movement in EB-2 India and China we have seen over the past few months has stopped, most likely due to heavy demand in these categories and due to the fact that this is the last Visa Bulletin for the fiscal year. Positive news is that EB-3 India has moved forward by over a month (for a second month in a row).

We continue to see the FB2A category move forward, after the significant retrogression over the past several months – this month by four weeks. Unfortunately, due to strong demand, FB1 category remains unchanged, for a fourth month in a row, after it retrogressed by 8 months during the April 2011 Visa Bulletin. This is due to heavy demand in the FB1 category which is expected to continue and further lack of movement (or backward movement) in FB1 is possible.

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 2011 Visa Bulletin. Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions on when a particular priority date may become current.

U.S. Immigration Attorneys and Counselors

admin — Wed, 13 Jul 2011 03:32:19 +0000

The U.S. State Department just released the August 2011 Visa Bulletin which is the eleventh Visa Bulletin for the FY2011 fiscal year. The major headline in the upcoming month’s bulletin is the continued significant forward movement in EB-2 China, EB-2 India, Other Workers and FB2A categories.

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

Below is a summary of the August 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 while EB-2 China and EB-2 India both move forward by almost five (5) weeks to April 15, 2007.
EB-3 ROW and EB-3 Philippines move forward by three (3) weeks to November 1 , 2005, EB-3 China moves forward by only one (1) week to July 8, 2004, while EB-3 India moves forward by one (1) month to June 1, 2002. EB-3 Mexico moves forward by over five (5) months to November 1, 2005.
The “other worker” category remains unchanged (again) at April 22, 2003 for China. It moves forward by over five (5) months to May 1, 2005 for ROW, Mexico and Philippines. It moves forward by one (1) month to June 1, 2002 for India .

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

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

FB1 remains unchanged across all regions at May 1, 2004 for ROW, China and India, at March 8, 1993 for Mexico and at April 15, 1996 for Philippines.
FB2A moves forward by four (4) months to July 22, 2008 for ROW, China, India, and Philippines. FB2A Mexico moves forward by four and a half (4.5) months to June 1, 2008.
FB2B ROW, China and India remains unchanged at July 1, 2003. FB2B Mexico moves forward by only one (1) week to October 1, 1992. FB2B Philippines moves forward by two (2) months to December 1, 2000.

Slow Movement for Employment-based Petitions; EB-2 India and EB-2 China Movement Slows Down; Substantial Forward Movement for FB2A; No Movement in FB1

The slow forward movement across many employment categories continues, as expected. Although we see continued movement in EB-2 India and China, the movement this month is slowing down after some substantial movement over the past couple of months. The EB-2 India and EB-2 China movement has been due to the carryover of visa numbers from the EB-1 category (also see note below). Positive news is that EB-3 India has moved forward by one month (compared to only one week for the past several months).

We continue to see the FB2A category move forward, after the significant retrogression over the past several months. We wish to reiterate that the forward movement in FB2A is expected to slow down over the next few months, according to indications from the State Department. Unfortunately, due to strong demand, FB1 category remains unchanged, for a fourth month in a row, after it retrogressed by 8 months during the April 2011 Visa Bulletin. This is due to heavy demand in the FB1 category which is expected to continue and further lack of movement (or backward movement) in FB1 is possible.

Further Updates and NewsWe 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 2011 Visa Bulletin. Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions on when a particular priority date may become current.

U.S. Immigration Attorneys and Counselors

admin — Thu, 09 Jun 2011 23:08:57 +0000

The U.S. State Department just released the July 2011 Visa Bulletin which is the tenth Visa Bulletin for the FY2011 fiscal year. The major headline in the upcoming month’s bulletin is the substantial forward movement in EB-2 China, EB-2 India, Other Workers and FB2A categories.

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

Below is a summary of the July 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 while EB-2 China and EB-2 India both move forward by almost five (5) months to March 8, 2007.
EB-3 ROW and EB-3 Philippines move forward by three (3) weeks to October 8, 2005, EB-3 China moves forward by one and a half (1.5) months to July 1, 2004, while EB-3 India moves forward by only one (1) week to May 1, 2002. EB-3 Mexico moves forward by over six (6) months to July 1, 2005.
The “other worker” category remains unchanged (again) at April 22, 2003 for China. It moves forward by over one (1) year to November 22, 2004 for ROW, Mexico and Philippines. It moves forward by only one (1) week to May 1, 2002 for India .

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

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

FB1 ROW, China and India remain unchanged (again) at May 1, 2004. FB1 Mexico moves forward by only one (1) week to March 8, 1993. FB1 Philippines moves forward by seven (7) weeks to April 15, 1996.
FB2A moves forward by seven (7) months to March 22, 2008 for ROW, China, India, and Philippines. FB2A Mexico moves forward by six (6) months to February 15, 2008.
FB2B ROW, China and India move forward by two and a half (2.5) months to July 1, 2003. FB2B Mexico moves forward by one (1) month to September 22, 1992. FB2B Philippines moves forward by three and a half (3.5) months to September 22, 2000.

Slow Movement for Employment-based Petitions, Except EB-2 India, EB-2 China and Other Workers; Substantial Forward Movement for FB2A and No (or Minor) Movement in FB1

The slow forward movement across many employment categories continues, as expected, although we have started seeing notable movement in the EB-2 India and EB-2 China categories after many months of no activity (especially for EB-2 India). The EB-2 India and EB-2 China movement is due to the carryover of visa numbers from the EB-1 category (also see note below). Unfortunately, EB-3 India moved forward by only one week again (the same as during the previous few visa bulletins).

We continue to see the FB2A category move forward (byseven months), after the significant retrogression over the past several months. We wish to reiterate that the forward movement in FB2A is expected to be slow over the next few months, according to indications from the State Department. Unfortunately, due to strong demand, FB1 category remains unchanged, for a third month in a row, after it retrogressed by 8 months during the April 2011 Visa Bulletin. This is due to heavy demand in the FB1 category which is expected to continue and further lack of movement (or backward movement) in FB1 is possible.

Further Updates and NewsWe 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 2011 Visa Bulletin. Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions on when a particular priority date may become current.