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New Changes Implemented in Visa Bulletin

Every month the Bureau of Consular Affairs publishes a Visa Bulletin that provides important information about filing dates for immigrants seeking Adjustment of Status. Published bulletins list the amount of visas available during the month of publication. The Bulletin also lists priority dates for filing Adjustment of Status.

Priority dates indicate how long the immigrant will have to wait before applying fora visa. If the priority date is before the date listed on the Visa Bulletin then theapplicant can apply for a visa. The priority date is usually the date the employer orrelative filed the immigrant’s visa or when the Department of Labor accepts a laborcertification for processing.

The USCIS has recently implemented changes to the Visa
Bulletin publications inorder to streamline the immigration process for those applying for Legal PermanentResidence. As the system stands now those waiting for Adjustment of Status mayface barriers in changing jobs or receiving promotion. Released in July of this year is a full report calledModernizing and Streamlining Our Legal Immigration System for the 21st Centurywhich describes the changes to the Visa Bulletin, first announced byObama’s executive action last year.

Changes to Visa Bulletin

The USCIS has announced it will be implementing two changes to the Visa Bulletin. Two additional charts will be added to the Bulletin, one called “Applicant FinalAction Dates” and one called, “Dates for Filing Applicants.” The “Applicant Final Action Dates” chart will give the date when the visa can beofficially issued. The ”Dates for Filing Applications” Chart is to be used to determinewhen to file an adjustment of status application.

What will the Changes do?

When the priority date is earlier than filing date, applicants will be able to file foradjustment of status earlier than they would have been able to with the old system.This means that applicants will be able to receive employment authorization andtravel documents sooner while waiting for adjustment of status to be officiallyapproved. These applicants will still have to wait for the “final action” date to becurrent before the permanent resident status is approved.

Why is the Bulletin changing?

These changes are aimed more at accurate predictions of overall visa demand. Themore accurate predictions will work to ensure that the maximum number ofimmigrant visas are being issued. This will likely decrease the backlog of applicantswaiting for legal permanent status and decrease employment and travel barrierscurrently faced by applicants waiting for approval of legal permanent residence.

Those seeking to apply for adjustment of status for permanent residence could bereceiving benefits sooner. To discuss these changes to the Visa Bulletin, when tofile for adjustment of status or any other immigration issue, contact the Law Office of Sweta Khandelwal. AttorneyKhandelwal has over 10 years experience with immigration law and is convenientlylocated in the Silicon Valley.

Cited Sources:

When to File Your Adjustment ofStatus Application for Family-Based or Employment-BasedPreference Visas, September 10,2015, USCIS

 

 

Tags: #adjustment of status, #immigration law, #immigration law attorney, #immigration law lawyer, #visa bulletin

Much Longer Wait Times for Green Cards- Department of State Edits Previously Modernized Visa Bulletin

Department of States Alters Recently Modified Visa Bulletin

On September 9th the Department of Homeland Security released new updated changes to the visa bulletin. These changes modernized the visa system and moved up priority dates for those applying for adjustment of status. The revisions to the visa bulletin were part of President Obama’s plans to modernize the US immigration system. Obama’s proposed changes to modernize and streamline the immigration system were detailed in a White House report released back in July.

Green Card this way Blue Red and White highway sign with words Green Card with stormy sky background

Just two weeks after the updated September 9th visa bulletin was released, the visa bulletin changed again on September 25th pushing back priority dates significantly. Those affected will have to wait years longer to file for adjustment of status than previous indicated by the visa bulletin released on September 9th.

Changes to Visa Bulletin Announced September 25, 2015

The Department of State pushed back the priority dates for those waiting to apply for a green card. Those affected will have to wait several years longer in some cases.

Those affected can be summarized as:

  • EB-2 China- Old priority date was May 1, 2014. New priority date January 1, 2013. This is a 1 year, 5 months difference.
  • EB-2 India- Old priority date was July 1, 2011. New priority date July 1, 2009. This is a 2 years difference.
  • EB-3 Philippines- Old priority date was January 1, 2015. New priority date January 1, 2010. This is a 5 years difference.
  • FB-1 Mexico- Old priority date was July 1, 1995. New priority date is April 1, 1995. This is a 3 months difference.
  • FB-3 Mexico- Old priority date was October 1, 1996. New priority date is May 1, 1995. This is a 1 year, 5 months difference.

What Does This Mean?

Those eligible to apply for green cards will now have to wait longer than previously projected just 2 weeks ago. Originally the changes to the visa bulletin would have allowed many immigrants to apply for green cards several years earlier. Now in some cases, those eligible will have to wait 5 years longer. Foreign nationals from China and India will face significantly longer waits, 1 years 5 months and 2 years longer respectively.This change will impact thousands of families living in the US, who planned to receive a green card much earlier.

Additionally these actions reflect an unfortunate step backwards for the US immigration system. For several years the visa bulletin needed updating to decrease the backlog of immigrants waiting to file for adjustment of status. Unfortunately when a change finally occurred that would have dramatically decreased the wait time and positively affected many immigrants and their families, the visa bulletin was quickly reverted back to the old system of long wait times.

Contact Us

To navigate the visa bulletin, determine correct filing dates or receive assistance filing for adjustment of status contact the Law Office of Sweta Khandelwal. Attorney Khandelwal can assist with employment-based or family-based visa applications. The Law Office of Sweta Khandelwal is located conveniently in the Silicon Valley.

 

Cited Sources:

DOS Publishes Updated Visa Bulletin for October 2015, September 25, 2015, USCIS

 

 

Tags: #Department of Homeland Security, #Department of State, #immigration law attorney, #immigration law lawyer, #visa bulletin

April Visa Bulletin

The April Visa Bulletin has been released. With it comes news of standstills for some and advancements for others. How the visa bulletin works is that every month, based on a complicated formula, the State Department publishes a chart for green card visa availability. The quota is based on one’s priority date. A priority date for a green card seeker based on an employer or business relationship is based on the date of the petition filed with USCIS or the date the labor certification application is accepted for processing by the Department of Labor (if labor certification is required). A priority date for a green card seeker based on a family relationship is based on the date the petition is filed with USCIS.

EMPLOYMENT BASED

There is a mix of good news and bad news for people seeking employment-based green cards. All of the categories that remained current this month in March are also current for next month in April. Advancements for the other categories with priority dates, however, have been modest. The largest advancement was a by month and a half for the EB-3 and “Other Workers” categories for green card seekers from the Philippines. Green card seekers from other countries only experienced advancements by a month, however EB-2 visa seekers from China only saw an advancement of less than a month.

April 2014 (DD/MON/YY)

Employment- BasedAll Chargeability Areas Except Those ListedChina – mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC08MAR0915NOV04CC
3rd01OCT1201OCT1215SEP0301OCT1215JUN07
Other Workers01OCT1201OCT1215SEP0301OCT1215JUN07
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment Areas/
Regional Centers
and Pilot Programs
CCCCC

 

March 2014 (DD/MON/YY)

Employment- BasedAll Chargeability Areas Except Those ListedChina – mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15FEB0915NOV04CC
3rd01SEP1201SEP1215SEP0301SEP1201MAY07
Other Workers01SEP1201SEP1215SEP0301SEP1201MAY07
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment Areas/
Regional Centers
and Pilot Programs
CCCCC

 

FAMILY BASED (DD/MON/YY)

For the family based categories, there has only been modest movements forward or standstills. The largest advancement forward again comes from the Philippines, where FB-1 green card seekers saw an advancement of a month and a half. FB-2B green card seekers from India and China and the remaining countries (i.e. excluding China, India, Mexico, and the Philippines) also saw a month and a half jump forward. but also modest advancements were seen for visa seekers from India. The remaining categories, however only saw an advancement of a month or less.

If you have questions about how to receive a green card, the visa bulletin, or any other immigration questions, an experience immigration attorney can assist you.

April 2014 (DD/MON/YY)

Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F122FEB0722FEB0722FEB0701NOV9301NOV01
F2A08SEP1308SEP1308SEP1315APR1208SEP13
F2B22OCT0622OCT0622OCT0601MAY9308JUN03
F315JUL0315JUL0315JUL0322JUN9322FEB93
F422NOV0122NOV0122NOV0122NOV9601OCT90

 

March 2014

Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101FEB0701FEB0701FEB0715OCT9315AUG01
F2A08SEP1308SEP1308SEP1315APR1208SEP13
F2B01SEP0601SEP0601SEP0601MAY9308JUN03
F315JUN0315JUN0315JUN0308JUN9315FEB93
F408NOV0108NOV0108NOV0115NOV9601SEP90

 

Tags: #immigration law, #immigration law attorney, #immigration law lawyer, #USCIS, #visa bulletin

March Visa Bulletin

The Visa Bulletin for next month – March 2014 – has been released, and there hasn’t been much movement and even some stagnation. How the visa bulletin works is that every month, based on a complicated formula, the State Department publishes a chart for green card visa availability. The quota is based on one’s priority date. A priority date for a green card seeker based on an employer or business relationship is based on the date of the petition filed with USCIS or the date the labor certification application is accepted for processing by the Department of Labor (if labor certification is required). A priority date for a green card seeker based on a family relationship is based on the date the petition is filed with USCIS.

EMPLOYMENT BASED

There is a mix of good news and bad news for people seeking employment-based green cards. All of the categories that remained current in February are also current in March. Green card seekers from China will also be happy to know that the EB3 (skilled workers and professionals) and Other Workers (unskilled workers) categories have moved forward by three months to September 1, 2012. However, the EB2 category (advanced degree holders and persons of exceptional ability) only moved forward for one month for China to February 15, 2009. Green card seekers in the EB2 category from India were unfortunately hit with a standstill at November 15, 2004, and the EB3 category only saw modest movement of two weeks forward to September 15, 2003. Mexico’s EB2 and EB3 categories also moved forward together by three months to September 1, 2012. Green card seekers from the Philippines in the EB2 and EB3 categories similarly moved forward, but by only two weeks to May 1, 2007. For all other countries, the EB3 and Other Workers subcategory moved forward three months to September 1, 2012.

MARCH 2014 (DD/MON/YY)

Employment- BasedAll Chargeability Areas Except Those ListedChina – mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15FEB0915NOV04CC
3rd01SEP1201SEP1215SEP0301SEP1201MAY07
Other Workers01SEP1201SEP1215SEP0301SEP1201MAY07
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
EmploymentAreas/
Regional Centers
and Pilot Programs
CCCCC

FEBRUARY 2014 (DD/MON/YY)

Employment- BasedAll Chargeability Areas Except Those ListedChina – mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC08JAN0915NOV04CC
3rd01JUN1201JUN1201SEP0301JUN1215APR07
Other Workers01JUN1201JUN1201SEP0301JUN1215APR07
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
EmploymentAreas/
Regional Centers
and Pilot Programs
CCCCC

FAMILY BASED

For the family based categories, there has generally been positive movement all around, but each country has suffered either a standstill or even retrogression. For Chinese green card seekers, most of the family based categories have moved forward by a month except the F2A (spouses, children, and unmarried sons and daughters of green card holders) and F4 (brothers and sisters of U.S. citizens) categories. China’s F2A category saw no movement and is stuck at September 8, 2013, while China’s F4 category only saw movement by about two and a half weeks to November 8, 2001. India saw the exact same movements as China. Mexico unfortunately was hit with a retrogression in its F2A category, meaning that the priority date was moved back by over a year to April 15, 2012. Movement in the visa categories in the Philippines were mostly stagnant, except a one month movement forward in the F4 category to September 1, 1990 and a two week movement forward in the F2B category (Unmarried sons and daughters of green card holders) to June 8, 2003. For green card seekers from all other countries, there was modest movement of a month forward for all categories except for the F2A category, which remained stagnant.

MARCH 2014 VISA BULLETIN (DD/MON/YY)

Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101FEB0701FEB0701FEB0715OCT9315AUG01
F2A08SEP1308SEP1308SEP1315APR1208SEP13
F2B01SEP0601SEP0601SEP0601MAY9308JUN03
F315JUN0315JUN0315JUN0308JUN9315FEB93
F408NOV0108NOV0108NOV0115NOV9601SEP90

FEBRUARY 2014
VISA BULLETIN (DD/MON/YY)

Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101JAN0701JAN0701JAN0701OCT9315AUG01
F2A08SEP1308SEP1308SEP1301SEP1308SEP13
F2B08JUL0608JUL0608JUL0601MAY9322MAY03
F315MAY0315MAY0315MAY0301JUN9308FEB93
F422OCT0122OCT0122OCT0108NOV9608AUG90

IF you have questions about how to receive a green card, the visa bulletin, or any other immigration questions, contact our office today.

Tags: #immigration law, #immigration law attorney, #immigration law lawyer, #USCIS, #visa bulletin

DECEMBER VISA BULLETIN

The visa bulletin for December of this year has been released. This month’s visa bulletin has seen both modest and significant movement forward, as well as some unfortunate retrogression for certain visa seekers from India.

In the family categories, the biggest advancements were only by a measure of approximately two months. The FB-4 category for people from the Philippines, the FB-2B category for people from India, and the FB-2B from the “All Chargeability Areas” category (excluding mainland China, India, Mexico, and the Philippines) all moved forward by approximately two months. However, the other family based categories only experienced movement by a few days or a month, and in some instances there was no movement at all.

There was much more movement in the employment based categories, with some categories jumping ahead by a year. All of the categories that were Current (“C”) last month remained Current. The categories that experienced the most movement were the EB-3 and “Other Workers” categories for people from Mexico, China, and the “All Chargeability Areas” (excluding Mainland China, India, Mexico, and the Philippines). Each of these categories experienced a jump by a year. Unfortunately for people from India, the EB-2 category retrogressed by almost 4 years backwards. This is in part due to the high demand from the rapid advancements in this category in recent months, thus creating a backlog. The EB-2 category for people from India may not experience further advancements until May 2014.

FAMILY BASED CATEGORIES – DECEMBER 2013

Family-SponsoredAll Charge-ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F115NOV0615NOV0615NOV0622SEP9301JUL01
F2A08SEP1308SEP1308SEP1301SEP1308SEP13
F2B01MAY0601MAY0601MAY0601APR9422MAR03
F308MAR0308MAR0308MAR0301JUN9322JAN93
F408SEP0108SEP0108SEP0122OCT9601JUN90

*NOTE: For December, F2A numbersEXEMPTfromper-countrylimitare available to applicants from all countries with priority datesearlierthan 01SEP13. F2A numbersSUBJECTtoper-countrylimitare available to applicants chargeable to all countriesEXCEPTMEXICOwith priority dates beginning 01SEP13 and earlier than 08SEP13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

FAMILY BASED CATEGORIES – NOVEMBER 2013

Family-SponsoredAll Charge-ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F122OCT0622OCT0622OCT0622SEP9301JUL01
F2A08SEP1308SEP1308SEP1301SEP1308SEP13
F2B22MAR0622MAR0622MAR0601APR9401MAR03
F308FEB0308FEB0308FEB0301JUN9308JAN93
F422AUG0122AUG0122AUG0122OCT9622APR90

*NOTE: For November, F2A numbersEXEMPTfromper-countrylimitare available to applicants from all countries with priority datesearlierthan 01SEP13. F2A numbersSUBJECTtoper-countrylimitare available to applicants chargeable to all countriesEXCEPTMEXICOwith priority dates beginning 01SEP13 and earlier than 08SEP13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

EMPLOYMENT BASED CATEGORIES – DECEMBER 2013

Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1st

C

C

C

C

C

2nd

C

08NOV0815NOV04

C

C

3rd

01OCT11

01OCT11

01SEP03

01OCT11

08JAN07

Other Workers

01OCT11

01OCT11

01SEP03

01OCT11

08JAN07

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs

C

C

C

C

C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

EMPLOYMENT BASED CATEGORIES – NOVEMBER 2013

Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1st

C

C

C

C

C

2nd

C

08OCT0815JUN08

C

C

3rd

01OCT10

01OCT10

22SEP03

01OCT10

15DEC06

Other Workers

01OCT10

01OCT10

22SEP03

01OCT10

15DEC06

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs

C

C

C

C

C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

If you have questions about the December visa bulletin or if you have general immigration questions, contact our office today.

Tags: #immigration law, #immigration law attorney, #immigration law lawyer, #NACARA, #visa bulletin

October and November Visa Bulletin Advancements

The October visa bulletin has come with great gains for certain categories. Unfortunately, the trend may stop there as the November visa bulletin only shows moderate advancements.

One notable change is that the F2A family category (spouses and children, and unmarried sons and daughters of green card holders) has slowed. Ever since August of this year, this category has remained current. However, as of October and even for next month in November, priority dates for the F2A category are set for early September. The other family-based green card categories have not moved substantially.

The employment based categories, however, have seen some moderate advancement. For Chinese citizens in the “Other Workers” category (unskilled workers who can perform labor for which qualified workers are not available in the United States), there was a movement in the priority dates, from June 15, 2004 to September 22, 2004, followed by a slight movement in November. The most notable increase is for Mexican, Chinese, and other foreign citizens (except for citizens from India and the Philippines) in the EB-3 (skilled workers and professionals) and Other Workers categories. These categories saw a forward movement of up to three months. For example, Chinese citizens in the EB-3 category saw advancement in their priority dates from July 1, 2010 to October 1, 2010.

Hopefully, these moderate to substantial advancements will continue for these and other categories and that the government shutdown will not hinder these advancements. Please see here or the chart below for the Visa Bulletin for October and November of this year. If you have any questions about your priority date, obtaining a green card, or any other immigration issues, please contact us so that we may assist you.

October

Family-Sponsored

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

1-Oct-06

1-Oct-06

1-Oct-06

22-Sep-93

1-Jun-01

F2A

8-Sep-13

8-Sep-13

8-Sep-13

1-Sep-13

8-Sep-13

F2B

1-Mar-06

1-Mar-06

1-Mar-06

8-Mar-94

8-Feb-03

F3

22-Jan-03

22-Jan-03

22-Jan-03

22-May-93

1-Jan-93

F4

8-Aug-01

8-Aug-01

8-Aug-01

15-Oct-96

22-Mar-90

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

15-Sep-08

15-Jun-08

C

C

3rd

1-Jul-10

1-Jul-10

22-Sep-03

1-Jul-10

15-Dec-06

Other Workers

1-Jul-10

22-Sep-04

22-Sep-03

1-Jul-10

15-Dec-06

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th

C

C

C

C

C

Targeted

EmploymentAreas/

Regional Centers and Pilot Programs

 

November

Family-Sponsored

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

22-Oct-06

22-Oct-06

22-Oct-06

22-Sep-93

1-Jul-01

F2A

8-Sep-13

8-Sep-13

8-Sep-13

1-Sep-13

8-Sep-13

F2B

22-Mar-06

22-Mar-06

22-Mar-06

1-Apr-94

1-Mar-03

F3

8-Feb-03

8-Feb-03

8-Feb-03

1-Jun-93

8-Jan-93

F4

22-Aug-01

22-Aug-01

22-Aug-01

22-Oct-96

22-Apr-90

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

8-Oct-08

15-Jun-08

C

C

3rd

1-Oct-10

1-Oct-10

22-Sep-03

1-Oct-10

15-Dec-06

Other Workers

1-Oct-10

1-Oct-10

22-Sep-03

1-Oct-10

15-Dec-06

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th

C

C

C

C

C

Targeted

EmploymentAreas/

Regional Centers and Pilot Programs

 

Tags: #EB-3, #F2A, #immigration law attorney, #immigration law lawyer, #visa bulletin

Visa Bulletin Jumps in September 2013

The month of August was a great time for those who applied in the Family-based 2A category (spouses and children of legal permanent residents) as we have previously discussed here. It looks like USCIS has continued pushing visa applications along and have made more categories current.

For September, the F2A categories remains current, meaning those who have already filed applications years ago and those filing applications today can find a visa available. The other family categories, unfortunately, have not made such great advancements. The chart below illustrates a comparison of the August and September Family-based visa bulletins:

AUGUST 2013 (DD-M-YY)

Family-SponsoredWorldwideCHINA- mainland bornINDIAMEXICOPHILIPPINES
F1

1-Sep-06

1-Sep-06

1-Sep-06

1-Sep-93

1-Jan-01

F2A

C

C

C

C

C

F2B

1-Dec-05

1-Dec-05

1-Dec-05

1-Feb-94

22-Dec-02

F3

8-Dec-02

8-Dec-02

8-Dec-02

1-May-93

1-Dec-92

F4

22-Jun-01

22-Jun-01

22-Jun-01

22-Sep-96

8-Jan-90

 

SEPTEMBER 2013(DD-M-YY)

Family-SponsoredWorldwideCHINA- mainland bornINDIAMEXICOPHILIPPINES
F1

15-Sep-06

15-Sep-06

15-Sep-06

8-Sep-93

8-May-01

F2A

C

C

C

C

C

F2B

15-Feb-06

15-Feb-06

15-Feb-06

22-Feb-94

22-Jan-03

F3

22-Jan-03

22-Jan-03

22-Jan-03

15-May-93

22-Dec-92

F4

22-Jul-01

22-Jul-01

22-Jul-01

8-Oct-96

15-Feb-90

 

The employment based categories, however, have made much larger strides. The EB-3 category for professionals, skilled workers, and unskilled workers jumped ahead by 1.5 years for most countries. This makes applications for an EB-3 visa filed before July 10, 2010 available for those applicants. Unfortunately, applicants from the Philippines only saw a 2 month jump to December 1, 2006.

However, India did see a dramatic increase in the EB-3 category. Applicants from India only saw an eight month jump to September 22, 2003. Applicants from India also saw a jump in the EB-2 category, jumping ahead by 5 months to June 15, 2008.

If you have any questions about what these jumps in visa availability mean for you, or if you have any other immigration related questions, contact our office today.

Tags: #2-A Category, #F2-A, #immigration law attorney, #immigration law lawyer, #USCIS, #visa bulletin

Huge Jump Expected in Visa Availability in August 2013

Both immigration attorneys and individuals who have had to wait for a green card may be familiar with the Department of State’s Visa Bulletin, which provides month-by-month updates on when visas become available. Below are the visa bulletin numbers for July 2013:

Family-SponsoredAll Other CountriesCHINA- mainland bornINDIAMEXICOPHILIPPINES
F101JUN0601JUN0601JUN0622AUG9301JUL00
F2A08OCT1108OCT1108OCT1101SEP1108OCT11
F2B01NOV0501NOV0501NOV0501NOV9322DEC02
F301OCT0201OCT0201OCT0222APR9322NOV92
F422MAY0122MAY0122MAY0122SEP9615DEC89

 

Employment- BasedAll Other CountriesCHINA- mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC08AUG0801SEP04CC
3rd01JAN0901JAN0922JAN0301JAN0901OCT06
Other Workers01JAN0922MAR0422JAN0301JAN0901OCT06
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
CCCCC

Visa Bulletin Basics

The “C” stands for “Current,” which means visas are immediately available and no additional waiting (other than processing and adjudication times) is required. Any of the fields with dates are called “priority dates,” and are determined by the date a relative petition, labor certification application, or employment based petition is submitted. As an example, those who have a petition that fits under the F2A category (spouses and children of Legal Permanent Residents a.k.a. green card holders) and are from India means that anyone who filed a petition before October 8, 2011 now has a visa number available to them. The group with the longest wait time is the brothers and sisters of United States Citizens from the Philippines; only those who have petitions filed from before December 15, 1989 have visas currently available.

Future Visa Predictions – The Huge Jump

This backlog is created by statutory requirements, political influence, historical events, and other factors that have been the focus of many immigration reform discussions. Mr. Charles Oppenheimer, the Chief of the Visa Control and Reporting Division at the U.S. Department of State., has predicted a huge jump for several visa categories next month. Mr. Oppenheim is 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.

The biggest jump in the family-based categories will come in the F2A category, which consists of the spouses and children of green card holders. This category is expected to become “Current,” meaning immediately available, sometime next month in August.

The employment-based categories may also experience major advancements in visa availability. Although currently the EB-2 Category for India has a priority date of September 1, 2004, it may jump to January 2008. However, for those in the EB-3 Category from all other countries except from China, India, Mexico, and the Philippines may not see any advancement until October 2013 due to the already fast-paced advancement this category has experienced in the past three months.

If you have any questions about how these visa availability advancements could affect your current or potential case, please contact our office to speak with one of our attorneys.

Tags: #EB-2 Category, #immigration law, #immigration law attorney, #immigration law lawyer, #visa bulletin




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