Tag: eb-3

November 2022 Visa Bulletin – A Warning for EB-2 All Other Countries

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.

Below is a summary of the November Visa Bulletin, including Final Action Dates and changes from the previous month.

China:   EB-1 remains current; EB-2 holds at June 8, 2019; EB-3 freezes at June 15, 2018; EB-3 other workers advances three months to December 1, 2012.

India:   EB-1 remains current; EB-2 holds at April 1, 2012; EB-3 freezes at April 1, 2012; and EB-3 other workers remains April 1, 2012.

All Other Countries:   EB-1, EB-2 and EB-3 remain current (except for EB-3 Other Workers which has a cutoff date of June 1, 2020).

NOTE 1:  The November Visa Bulletin warns of possible future retrogression in the EB-2 All Other Countries category due to increased demand for overall visa numbers.

NOTE 2: USCIS will accept I-485 applications in November based on the Department of State’s slightly more favorable Dates for Filing chart.

This post was written by Courtland C. Witherup and the Immigration & Nationality Law Practice at Hunton Andrews Kurth.

For more immigration legal news, click here to visit the National Law Review.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.

October Visa Bulletin – Some Gains in the EB-3 Category, but Near Future Bleak for EB-2 India

Greenberg Traurig Law firm

The Department of State released its October Visa Bulletin today.  On a positive note, the EB-2 category for Chinese nationals has made a five week gain, from October 8, 2009 to November 15, 2009; and the EB-3 category for skilled workers/professionals for Chinese nationals has jumped five months, from November 1, 2008 to April 1, 2009.  The EB-3 category will advance six months for nationals of “all other countries” from April 1, 2011 to October 1, 2011; whereas it will only move forward a week for Indian nationals from November 8, 2003 to November 15, 2003.  Elsewhere, the EB-2 category for Indian nationals remains at May 1, 2009 and, unfortunately, this category is likely to retrogress over the next several months because of a spike in demand.  This is grim reading for Indian nationals who account for a large percentage of highly-skilled workers seeking permanent residence in the United States.  Indeed, based on current retrogression dates for Indians in the EB-3 category, priority dates are moving forward one week every month, which translates to a wait time of more than forty years.

Employment Based Category

All Other Countries

China

India

Mexico

Philippines

EB-1

Current

Current

Current

Current

Current

EB-2

Current

10/08/2009

05/01/2009

Current

Current

EB-3 Skilled Workers/Professionals

04/01/2011

11/01/2008

11/08/2003

04/01/2011

04/01/2011

EB-3 Other Workers

04/01/2011

07/22/2005

11/08/2003

04/01/2011

04/01/2011

 

ARTICLE BY

Ian R. Macdonald
 
OF 
Greenberg Traurig, LLP

June 2014 Visa Bulletin Released, Shows Significant Retrogression for EB-3 Worldwide, China and Mexico

GT Law

Below is a summary of the U.S. State Department June 2014 Visa Bulletin:

  • EB-1 remains current across all filing categories;
  • EB-2 for Worldwide, Mexico and Philippines all remain current. The EB-2 India cut-off remains at November 15, 2004 (this has remained stagnant since the December 2013 Visa Bulletin). EB-2 China moves forward to May 22, 2009; and
  • EB-3 Worldwide, China and Mexico retrogress significantly (see below). EB-3 Worldwide and EB-3 Mexico move back to April 1, 2011 and EB-3 China moves back by 6 years to October 1, 2006. EB-3 Philippines moves forward by 2 months to January 1, 2008, while EB-3 India moves forward by only 2 weeks to October 15, 2003.

Dramatic Retrogression for EB-3 China

The Department of State stated in the Visa Bulletin that the “unexpected and dramatic increase in demand being received from U.S. Citizenship and Immigration Service Offices during the past several months has resulted in number use approaching the annual limit for this category. As a result, it has been necessary to retrogress the Worldwide, China and Mexico cut-off dates for the month of June.”

Beginning with the June 2013 Visa Bulletin, the third preference employment-based immigrant visa category (EB-3) for individuals born in the People’s Republic of China (China) had a more recent cut-off date than the second preference employment-based category (EB-2). Accordingly, many foreign nationals chose to “downgrade” their case from EB-2 to EB-3 to shorten their wait time. However, this has had a negative impact on the EB-3 category and has resulted in the severe retrogression (six years) as reported above. Applicants who are still preparing their I-485 Adjustment Applications for this filing category should file before the end of the month, before the retrogression occurs on June 1, 2014.

Employment-Based Projections

The American Immigration Lawyers Association (AILA) reported that on Monday April 21, 2014, Mr. Charlie Oppenheim of the Department of State’s Visa Office (VO) spoke to AILA regarding what his office is currently seeing with regard to visa demand and what might be expected in terms of Visa Bulletin movement at this time. While these “projections” can (and often do) change based on usage and/or new developments, below is a summary of the outlook based on AILA’s conversation with Mr. Oppenheim (note: Mr. Oppenheimer discussed both Family-Based and Employment-Based projections; however, we only report the employment-based projections here):

Employment Based 5th Preference China (EB-5)

  • China EB-5 could retrogress later this year, possibly August or September.
  • Retrogression for China EB-5 in the 2015 fiscal year seems almost inevitable, as there are more than 7,000 I-526 applications pending and 80% are from China.

Employment Based 1st Preference (EB-1)

  • It is still a little early in the fiscal year to know how many unused cases will drop down into EB-2. EB-1 usage is heavier this year than last year.

Employment Based 2nd Preference India (EB-2)

  • It is possible in August, but more likely in September, that India EB-2 will open at 1/1/2008 or perhaps later in 2008, in order to utilize the rest of the EB-2 visa numbers that were unused by the Worldwide categories.
  • How many numbers will be utilized depends on EB-1 and EB-2 usage in the Worldwide categories for the rest of the fiscal year (it could be 5,000 or more). This would be less than what was available in fiscal year 2013.
  • No expected changes for Worldwide EB-2.

Employment Based 3rd Preference Worldwide (EB-3)

  • The VO has limited knowledge as to the number of eligible applicants, and USCIS has encouraged DOS to “move the category forward” over the last five months. Demand appears to be increasing, thus, it is unlikely in the short run that the category will move forward. In fact, if current demand continues, something may have to be done as early as May 2014 to slow the demand in this category.
  • The last quarter of the fiscal year for 2014 does not look good, and no movement, or retrogression, is possible.

Employment Based 3rd Preference China (EB-3)

  • Many Chinese nationals who were waiting in the EB-2 category have been filing to “downgrade” from EB-2 to EB-3, and the result of these requests will be reflected in the coming months.
  • High demand is expected to continue in this category and a correction may be reflected as early as the May or June Visa Bulletin, depending on demand.

Why Are Priority Dates Important Anyway?

The issue of a visa number’s “availability” is tied to the U.S. preference system for permanent residence. The U.S. maintains limits on those who can apply to enter as permanent residents; these limits apply by type of immigrant visa sought for permanent resident as well as country of origin. From time to time, backlogs occur in certain categories of employment-based visas, for all persons or for persons from certain countries (backlogs are almost always present for family-based visas) as there are more people applying in those categories from those countries than there are visa numbers available. The setting of the preference is based upon the position’s minimum requirements, not the qualifications of the employee. The net result is that persons who have applications from those countries in the third preference are not able to move on to the final step of the permanent residence process until their “priority date” (or “place in line”) moves to the front of the line for immigrant visas. The line is set by the Department of State and is reviewed monthly. In many cases, this step can take eight years or more depending on the filing category.

The VO’s projections can give hope to some applicants, who in the coming months, may be eligible to move to the final step of the permanent residence process, after waiting for years on hold. But for others, the outlook is not very promising. While the future movement of the immigrant visa availability remains hazy, one thing is clear. Immigration Reform is needed to help eradicate these extreme and unnecessary delays for individuals who continue to contribute to the U.S. economy; and for employers, who are forced to continue filing multiple temporary work extensions in order to retain valuable employees. We will continue to watch the movement in the Visa Bulletin and provide updates.

Article By:

Patricia A. Elmas
Of: 
Greenberg Traurig, LLP

Department of State Releases February 2014 Visa Bulletin

Morgan Lewis

 

Bulletin shows no movement of cutoff dates in the EB-2 and EB-3 India categories; the cutoff dates in the EB-2 and EB-3 China categories show minor forward movement with EB-3 China continuing to move ahead of EB-2 China.

The U.S. Department of State (DOS) has released its February 2014 Visa Bulletin.The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow ofadjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at U.S. embassies or consulates abroad, provided that their priority dates are before the respective cutoff dates specified by the DOS.

What Does the February 2014 Visa Bulletin Say?

At the end of fiscal year 2013, there were considerable advancements in cutoff dates in the EB-2 and EB-3 India categories. In order to regulate the large increase in demand that followed, these cutoff dates retrogressed significantly in December. In January, there was no movement in cutoff dates for the EB-2 and EB-3 India categories; meanwhile, cutoff dates for the EB-3 China category continued to move ahead of those for the EB-2 China category. The February 2014 Visa Bulletin again indicates no movement in cutoff dates for the EB-2 and EB-3 India categories with continued advancement of cutoff dates for the EB-3 China category ahead of the EB-2 China category.

A cutoff date of September 1, 2013 for individuals in the family-based F2A category from Mexico, as well as a cutoff date of September 8, 2013 for individuals in the F2A category from all other countries, remains in effect.

EB-1: Cutoff dates for all EB-1 categories will remain the same.

EB-2: The cutoff date for individuals in the EB-2 category chargeable to India will remain unchanged from last month at November 15, 2004. The cutoff date for individuals in the EB-2 category chargeable to China will advance by 31 days to January 8, 2009. Cutoff dates for the EB-2 category for all other countries will remain the same.

EB-3: The cutoff date for individuals in the EB-3 category chargeable to India will remain unchanged from last month. The cutoff date for individuals in the EB-3 category chargeable to China will advance by 61 days. The cutoff date for individuals in the EB-3 category chargeable to the Philippines will advance by 59 days. The cutoff date for individuals chargeable to Mexico and the Rest of the World will advance by 61 days.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: June 1, 2012 (forward movement of 61 days)
India: September 1, 2003 (no movement)
Mexico: June 1, 2012 (forward movement of 61 days)

Philippines: April 15, 2007 (forward movement of 59 days)
Rest of the World: June 1, 2012 (forward movement of 61 days)

Developments Affecting the EB-2 Employment-Based Category

Mexico, the Philippines, and the Rest of the World

The cutoff dates for EB-2 individuals chargeable to all countries other than China and India has been the same since November 2012. The February 2014  Visa Bulletin indicates no change to these categories. This means that EB-2 individuals chargeable to all countries other than China and India may continue to file AOS applications or have applications approved through February 2014.

China

The January 2014 Visa Bulletin indicated a cutoff date of December 8, 2008 for EB-2 individuals chargeable to China. The February 2014 Visa Bulletin indicates a cutoff date of January 8, 2009, reflecting forward movement of 31 days. This means that EB-2 individuals chargeable to China with a priority date before January 8, 2009 may file AOS applications or have applications approved in February 2014.

India

Between August and September 2013, the cutoff date for EB-2 individuals chargeable to India advanced by approximately three and a half years. This was followed in December 2013 by retrogression of the cutoff date by three and a half years to November 15, 2004 due to unprecedented demand for EB-2 visa numbers from applicants chargeable to India. The cutoff date remained unchanged in the January 2014 Visa Bulletin, and the February 2014 Visa Bulletin again indicates no change. This means that only EB-2 individuals chargeable to India with a priority date before November 15, 2004 may file AOS applications or have applications approved in February 2014.

Developments Affecting the EB-3 Employment-Based Category

There were significant advancements in cutoff dates for EB-3 individuals chargeable to most countries in the latter half of 2013. In January, the cutoff date for individuals in the EB-3 category from China, Mexico, and the Rest of the World advanced by 183 days, and the cutoff date for individuals in the EB-3 category chargeable to India remained unchanged.

China

From September through December 2013, the cutoff date for EB-3 individuals chargeable to China advanced by 2.75 years. The January 2014 Visa Bulletin indicated a cutoff date of April 1, 2012, reflecting forward movement of 183 days. The February 2014 Visa Bulletin indicates a cutoff date of June 1, 2012, reflecting additional forward movement of 61 days. This means that EB-3 individuals chargeable to China with a priority date before June 1, 2012 may file AOS applications or have applications approved in February 2014. As noted above, this cutoff date remains later than that imposed for individuals chargeable to China in the EB-2 category.

India

In the January 2014 Visa Bulletin, the cutoff date for EB-3 individuals chargeable to India was September 1, 2003. The February 2014 Visa Bulletin indicates no movement of this cutoff date. This means that EB-3 individuals chargeable to India with a priority date before September 1, 2003 may continue to file AOS applications or have applications approved through February 2014.

Rest of the World

From September through December 2013, the cutoff date for EB-3 individuals chargeable to the Rest of the World advanced by 2.75 years. The January 2014 Visa Bulletin indicated forward movement to April 1, 2012. The February 2014 Visa Bulletin indicates a cutoff date of June 1, 2012, reflecting additional forward movement of 61 days. This means that EB-3 individuals chargeable to the Rest of the World with a priority date before June 1, 2012 may file AOS applications or have applications approved in February 2014.

Developments Affecting the F2A Family-Sponsored Category

In October 2013, a cutoff date of September 1, 2013 was imposed for F2A spouses and children of permanent residents from Mexico, and a cutoff date of September 8, 2013 was imposed for F2A spouses and children of permanent residents from all other countries. There was no movement of these cutoff dates in December or January. The February 2014 Visa Bulletin again indicates no movement. This means that AOS applicants with a priority date that falls on or after the applicable September cutoff date will be unable to file AOS applications or have applications approved in February 2014.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain the same. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the February 2014 Visa Bulletin in its entirety, please visit the DOS website.

Article by:

Of:

Morgan, Lewis & Bockius LLP

Updates from the January 2014 Visa Bulletin

GT Law

 

The Department of State (“DOS”) recently released the January 2014 Visa Bulletin, which contains some very interesting developments that affect foreign workers in the Employment-Based 2nd and 3rd categories, particularly those who are citizens of China. The Visa Bulletin is issued by the DOS on a monthly basis and informs applicants when they are eligible to apply for U.S. Permanent Residence (commonly referred to as “Green Card”). Each fiscal year, each country is issued an equal number of immigrant visa numbers. However, as there are more applicants seeking green cards from certain countries (i.e. India, China, Mexico and Philippines) than there are numbers available, the citizens of affected countries experience significant delays in getting their green cards. This is known as visa retrogression. Affected applicants cannot adjust their statuses to green card holders until the priority dates on their respective cases become current. Each month the DOS publishes the Visa Bulletin, which indicates what priority dates are current and who is eligible to apply for the final stage of the green card process. Wait times published in the Visa Bulletin range from a few months to 10 or more years.

The January 2014 Visa Bulletin is unusual because the EB-3 category is moving faster than the EB-2 category for Chinese citizens. (To qualify for the EB-2 category, the offered position must require a Master’s degree or Bachelor’s degree and five years of experience; EB-3 requires a Bachelor’s degree.) For example, a Chinese national whose EB-3 PERM application was filed on or before March 31, 2012 is now eligible to adjust status, whereas a Chinese national whose EB-2 PERM application was filed on the same date is not. Historically, China EB-2 has moved faster than China EB-3, which is why this month’s visa bulletin is unique. As a result, many employers may see an increase in requests from employees for an EB-3 green card process. If the employee already has an approved EB-2 I-140 (second phase of the employment based green card process), the company can consider filing an amended I-140 and request EB-3 classification while retaining the priority date. If the amended I-140 will make the applicant’s priority date current, the applicant is eligible to concurrently file an Adjustment of Status application (the final phase of the green card process). We’ll continue to monitor Chinese EB-3 movement on this blog. Unfortunately, for Indian nationals we saw no change from the December 2013 to January 2014 Visa Bulletin. The February Visa Bulletin is expected to be released in the next 12 -14 days, and we will report on any pertinent developments.

Employment-Based Visa Bulletin Predictions

The Department of State also issued predictions in Visa Bulletin movement for the next few months. For the EB-2 category, the Department of State predicted no forward movement for India EB-2, slight movement of 3-5 weeks for EB-2 China, and Worldwide will remain current.

For the EB-3 category, the Worldwide category has experienced rapid movement forward, which is expected to end in February 2014. China and Mexico will likely continue to match the Worldwide dates. No forward movement is estimated for India, and the Philippines is projected to have slight movement forward of 3-6 weeks.

EB-1 is expected to remain current.

EB-3 Worldwide, China, and Mexico applicants with a current priority date should consider filing their Adjustment of Status applicants now as EB-3 priority dates may retrogress in the next few months.

December Visa Bulletin (includes DOS projections for upcoming months): http://travel.state.gov/visa/bulletin/bulletin_6211.html

January Visa Bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_6228.html

Article by:

Emily R. Liss

Of:

Greenberg Traurig, LLP

Department of State Releases October 2012 Visa Bulletin

The National Law Review recently published an article, Department of State Releases October 2012 Visa Bulletin, written by Eleanor Pelta, Eric S. Bord, A. James Vázquez-Azpiri, Lance Director Nagel, Lisa H. Barton, and Malcolm K. Goeschl of Morgan, Lewis & Bockius LLP:

EB-2 category for China and India is no longer unavailable; cutoff dates remain for Rest of the World EB-2 category.

The U.S. Department of State (DOS) has released its October 2012 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their status to that of permanent resident or to obtain approval of an immigrant visa application at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the October 2012 Visa Bulletin Say?

EB-1: All EB-1 categories remain current.

EB-2: A cutoff date of January 1, 2012, has been imposed for foreign nationals in the EB-2 category from all countries except China and India; a cutoff date of July 15, 2007, has been imposed for foreign nationals in the EB-2 category from China; a cutoff date of September 1, 2004, has been imposed for foreign nationals in the EB-2 category from India.

EB-3: There is continued backlog in the EB-3 category.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: February 8, 2006 (forward movement of 139 days)
India: October 15, 2002 (forward movement of 23 days)
Mexico: October 22, 2006 (forward movement of 92 days)
Philippines: August 1, 2006 (forward movement of 54 days)
Rest of the World: October 22, 2006 (forward movement of 92 days)

Developments Affecting the EB-2 Employment-Based Category

MEXICO, THE PHILIPPINES, AND THE REST OF THE WORLD

In July, for the first time in many years, the DOS imposed a cutoff date for individuals who qualify for the EB-2 category and are chargeable to a country other than China or India (Mexico, the Philippines, and the Rest of the World). Since July, the cutoff date for individuals from these countries had been January 1, 2009. The October Visa Bulletin announced that, as of October 1, 2012, the cutoff date will move forward to January 1, 2012. This means that, beginning on October 1, 2012, an individual chargeable to Mexico, the Philippines, or the Rest of the World with a priority date before January 1, 2012, may file an AOS application or an immigrant visa application. It is expected that the DOS will remove cutoff dates for these countries completely in November and that the EB-2 category will be “current” for individuals chargeable to these countries.

INDIA AND CHINA

The October Bulletin indicates a cutoff date of September 1, 2004, for EB-2 individuals chargeable to India and a cutoff date of July 15, 2007, for EB-2 individuals chargeable to China. The EB-2 category was previously unavailable to individuals chargeable to India or China. This means that EB-2 individuals chargeable to India or China with a priority date preceding these respective dates may file an AOS application or have the application approved on or after October 1 of this year. It appears that the U.S. Citizenship and Immigration Services has a large number of AOS applications for EB-2 Indian and Chinese nationals that have been “preadjudicated” and will be approved on October 1.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static and unchanged. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the October 2012 Visa Bulletin in its entirety, please visit the DOS website here.

Copyright © 2012 by Morgan, Lewis & Bockius LLP.

Department of State Releases October 2012 Visa Bulletin

The National Law Review recently published an article by Eleanor Pelta, Eric S. Bord, A. James Vázquez-Azpiri, Lance Director Nagel, Lisa H. Barton, and Malcolm K. Goeschl of Morgan, Lewis & Bockius LLP regarding the October 2012 Visa Bulletin:

 

EB-2 category for China and India is no longer unavailable; cutoff dates remain for Rest of the World EB-2 category.

The U.S. Department of State (DOS) has released its October 2012 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their status to that of permanent resident or to obtain approval of an immigrant visa application at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the October 2012 Visa Bulletin Say?

EB-1: All EB-1 categories remain current.

EB-2: A cutoff date of January 1, 2012, has been imposed for foreign nationals in the EB-2 category from all countries except China and India; a cutoff date of July 15, 2007, has been imposed for foreign nationals in the EB-2 category from China; a cutoff date of September 1, 2004, has been imposed for foreign nationals in the EB-2 category from India.

EB-3: There is continued backlog in the EB-3 category.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: February 8, 2006 (forward movement of 139 days)
India: October 15, 2002 (forward movement of 23 days)
Mexico: October 22, 2006 (forward movement of 92 days)
Philippines: August 1, 2006 (forward movement of 54 days)
Rest of the World: October 22, 2006 (forward movement of 92 days)

Developments Affecting the EB-2 Employment-Based Category

MEXICO, THE PHILIPPINES, AND THE REST OF THE WORLD

In July, for the first time in many years, the DOS imposed a cutoff date for individuals who qualify for the EB-2 category and are chargeable to a country other than China or India (Mexico, the Philippines, and the Rest of the World). Since July, the cutoff date for individuals from these countries had been January 1, 2009. The October Visa Bulletin announced that, as of October 1, 2012, the cutoff date will move forward to January 1, 2012. This means that, beginning on October 1, 2012, an individual chargeable to Mexico, the Philippines, or the Rest of the World with a priority date before January 1, 2012, may file an AOS application or an immigrant visa application. It is expected that the DOS will remove cutoff dates for these countries completely in November and that the EB-2 category will be “current” for individuals chargeable to these countries.

INDIA AND CHINA

The October Bulletin indicates a cutoff date of September 1, 2004, for EB-2 individuals chargeable to India and a cutoff date of July 15, 2007, for EB-2 individuals chargeable to China. The EB-2 category was previously unavailable to individuals chargeable to India or China. This means that EB-2 individuals chargeable to India or China with a priority date preceding these respective dates may file an AOS application or have the application approved on or after October 1 of this year. It appears that the U.S. Citizenship and Immigration Services has a large number of AOS applications for EB-2 Indian and Chinese nationals that have been “preadjudicated” and will be approved on October 1.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static and unchanged. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the October 2012 Visa Bulletin in its entirety, please visit the DOS website here.

Copyright © 2012 by Morgan, Lewis & Bockius LLP