October 2013 Visa Bulletin – New Fiscal Year; No (or Very Slow) Movement for Most Categories; FB-2A Cutoff Date Introduced

The U.S. State Department has just released the October 2013 Visa Bulletin which is the first Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is that despite the fact that this is the first Visa Bulletin for the new fiscal year, there is not much movement for many categories and that the FB-2A category will have a cutoff date starting October 1st.

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

Below is a summary of the October 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 at June 15, 2008.  EB-2 China moves forward by five (5) weeks to September 15, 2008.
  • EB-3 ROW, China and Mexico remain unchanged at July 1, 2010.  EB-3 Philippines moves forward by two (2) weeks to December 15, 2006, while EB-3 India  remains unchanged at September 22, 2003.
  • The “other worker” remains unchanged for ROW and Mexico at July 1, 2010.  It moves forward by two (2) weeks to December 15, 2006 for Philippines and moves forward by three (3) months to September 22, 2004 for China.  There is no movement for India which remains at September 22, 2003.

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

Below is a summary of the October 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 two (2) weeks to October 1, 2006.   FB-1 Mexico moves forward by two (2) weeks to September 22, 1993 and FB-1 Philippines moves forward by three (3) weeks to June 1, 2001.
  • FB-2A now has a cutoff date for all countries after it was current for everyone for the last two months.  All categories (FB-2A ROW, China, India, Mexico and Philippines) now have a cutoff date of September 8, 2013.
  • FB-2B ROW, China and India all move forward by two (2) weeks to March 1, 2006.  FB-2B Mexico moves forward by only two (2) weeks to March 8, 1994 while FB-2B Philippines moves forward by two (2) weeks to February 8, 2003.

Slow or No Movement for Many

The October 2013 Visa Bulletin does not bring much good news.   Most categories remain unchanged, some retrogress and when there is forward movement, it is very slow.    Not a great start for the 2014 Fiscal Year.   It should be noted, however, that the cutoff dates have been advancing rapidly over the past few months for many categories and the fact that there is not much movement this month should be taken together with the recent significant movement for many.

Last two month’s significant advancement was done in order to utilize all of the available visa numbers for the fiscal year (which ends on September 30th).   The Department of State and USCIS are expecting (and our office already has seen) increased activity in this category — National Visa Center (NVC) case processing and I-485 adjustment of status activity at USCIS.    During our analysis on the September 2013 Visa Bulletin, we predicted that “with the increased activity over the next few months in EB-2 India, slowdown and even retrogression are possible. “

FB-2A Cutoff Date Introduced – Spouses and Children of Green Card Holders

Another very significant development this month is the introduction of a cutoff date for the FB-2A category.    We expected such cutoff date to be introduced this month.    The Department of State has indicated that this category has seen good volume of filings and, in an effort to “slow down” the rate of new filings, they are introducing a September 2013 cutoff date.

It is important to note that the Department of State has indicated that a cutoff date will be imposed starting October 1, 2013 — until then, the FB-2A cutoff date is “current” and allows for concurrent filing of I-130 and I-485 petitions (for those who are in the U.S. physically).    It is important for those who are eligible to file under the FB-2A category to do so as soon as 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, EB-3 and FB-2A all countries.   Those applicants whose priority dates are current as of the October 2013 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.   Please do not hesitate to contact us if our office can help you take advantage of this significant forward movement in the cutoff dates.    We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the October 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.

By | Last Updated: May 20th, 2017| Categories: Articles, I-485, News, Visa Bulletin|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.