The U.S. Department of States has officially released its June 2012 Visa Bulletin. As projected, visa numbers in the EB2 category from India and Mainland China have become unavailable. The designation “unavailable” indicates that no visas will be issued to applicants holding EB2 priority dates until such time as new numbers become available. As previously mentioned, all cases filed prior to the retrogression of priority dates will remain pending until the dates again become current and processing can continue.

The Department of State has confirmed with officials from the American Immigration Lawyers Association that the employment based second preference visa limit has been reached for the 2012 fiscal year for immigrants chargeable to India or Mainland China. This means that no further visa numbers are available and no visas will be issued to members of this category until further notice. Officials are hopeful that they will be able to correct EB2 priority date retrogression for these chargeable areas as soon as possible after the start of the new fiscal year in October. In the mean time, USCIS will continue to accept applications based upon the cut-off dates published in the April and May 2012 Visa Bulletins. These applications will remain pending until visa numbers become available and processing can again move forward.

As we mentioned last week, the Department of State (DOS) has confirmed that Employment-Based, Second Preference priority dates have retrogressed for applicants from India and mainland China. The DOS will not issue any new visas to EB2 adjustment applicants from these areas with priority dates after August 15, 2007. However, visa applicants whose applications are being processed at consular posts in April may be issued visas, as those numbers were allocated before the dates retrogressed.

USCIS will continue to accept and process applications for adjustment according to the priority dates listed in the DOS’ April 2012 Visa Bulletin. All applications with EB2 priority dates after August 15, 2007 received during this time will be forwarded to Visa Control at the DOS to be held in a “Pending” file until new visas become available. New visa numbers are not expected to become available until the start of the Fiscal Year 2013 beginning on October 1, 2012.

The May 2012 Visa Bulletin is expected to address the EB2 movement.

The Department of State has confirmed with immigration law representatives that, due to high demand, Employment-Based Second Preference priority dates for India and mainland China have internally retrogressed to August 15, 2007. As of March 23, 2012, USCIS can no longer approve EB2 adjustment of status applications with priority dates on or after August 15, 2007.

It is unlikely that the Department of State will amend the April 2012 Visa Bulletin, which has already been announced. USCIS will likely continue to accept and process new EB2 I-485 applications with priority dates on or before May 1, 2010 through the end of April, in accordance with the Bulletin. However, such applications cannot be approved until visa numbers again become available. This will mean that USCIS will accept applications with priority dates listed as current in the Bulletin. Processing will include adjudication of applications for Employment Authorization and Advanced Parole (I-765 and I-131). The actual I-485 application in these cases will be marked status pending. Having a valid Employment Authorization Document (EAD) and Advanced Parole is beneficial, as it allows intending immigrants more freedoms while I-485 cases remain pending.

We will continue to post as procedural updates become available.

The Department of States’ Chief of Visa Control and Reporting, Charlie Oppenheim, has released an updated statement to the American Immigration Lawyers Association regarding Employment-Based Second Preference priority dates. Mr. Oppenheim has confirmed that the Department of State’s May 2012 Visa Bulletin will reflect retrogression of EB2 priority dates for India and mainland China to August 15, 2007. USCIS will continue to “preadjudicate” cases submitted through April and will place these cases on hold until visa numbers become available again. Such cases will be marked as status “pending.”

The priority date process can be confusing and frustrating at times. Dates retrogress when the demand for immigrant visas from certain countries is very high. The Department of State retrogresses priority dates in high demand areas in order to ensure availability to a wide variety of people. Once the demand for immigrant visas in this category levels, the dates will again begin to move forward.

On March 16th, the Department of States’ Chief of Visa Control and Reporting, Charlie Oppenheim,  informed guests of the American Immigration Lawyers Association’s Midwest Regional Conference in Chicago that he expected Employment-Based Second Preference priority dates to retrogress for immigrants born in India and mainland China. The Department of State’s April 2012 Visa Bulletin lists EB2 priority dates for these countries as current through May 1, 2010. Mr. Oppenheim stated, however, that he anticipates that date to retrogress to around August 2007. Retrogression will likely come into effect in May or June of 2012.

Mr. Oppenheim also projected full use of all available visas in the EB1 category for the fiscal year 2012, which would mean no “spilldown” effect for the EB2 category.

The November 2008 Visa Bulletin, released by the U.S. Department of State (DOS), show slight forward movement in the employment-based second and third category cutoff dates, except for the religious workers category which has become unavailable. EB2 remains current for all countries, except for India and China, which have moved forward by about two months each. India’s cutoff date is now June 1, 2003 and China is at June 1, 2004. EB3 category, which opened to severely retrogressed cutoff dates in the first visa bulletin of the new fiscal year i.e. October 2008, is showing some forward movement. The November Visa Bulletin will come into effect from November 1, 2008.

• EB-1 (Priority Workers)
• EB-2 (Advanced Degrees Holders or Persons of Exceptional Ability)
• EB-3 (Skilled Workers, Professionals, and Other Workers)
• EB-4 (Special Immigrants)
• EB-5 (Immigrant Investors)

• F – 1 (Unmarried Sons and Daughters of Citizens)
• F – 2A (Spouses & Children)
• F – 2B (Unmarried Sons and Daughters)
• F – 3 (Married Sons and Daughters of Citizens)
• F – 4 (Brothers and Sisters of Adult Citizens)

Predictions

The November 2008 Visa Bulletin, makes no commitment in its future prediction. Rather, it is indicated that the cut off dates can continue to move either forward if demand remains steady but can start to retrogress at the slightest hint of increase in demand.

The October 2008 Visa Bulletin, released by the U.S. Department of State (DOS), spells good news for all EB-3 Skilled and Unskilled Workers from around the world except for India and China. The EB-3 category has been labeled “unavailable” for a couple of moths. While we had earlier predicted that October will ease the situation for all, it seems that Indian and China will have to contend with severe retrogressed dates for now. It is also rumored that the EB-2 numbers for India and China EB-2 is most likely to become unavailable midway through September 2008. The October Visa Bulletin will come into effect from October 1, 2008.

Employment Based Categories

• EB-1 (Priority Workers)
• EB-2 (Advanced Degrees Holders or Persons of Exceptional Ability)
• · EB-3 (Skilled Workers, Professionals, and Other Workers)
• · EB-4 (Special Immigrants)
• · EB-5 (Immigrant Investors)

Family Based Categories

• F – 1 (Unmarried Sons and Daughters of Citizens)
• F – 2A (Spouses & Children)
• · F – 2B (Unmarried Sons and Daughters)
• F – 3 (Married Sons and Daughters of Citizens)
• F – 4 (Brothers and Sisters of Adult Citizens)

Predictions – Employment based numbers likely to face the axe

While F-2A numbers for Mexico will become available this October, the bulletin predicts heavy retrogression in the first quarter of the coming FY at least.

The employment based categories, specially EB-2 and EB-3 are probably going to retrogress or become unavailable for certain countries in the near future. According to the Bulletin, this will happen because many of these categories have move forward rapidly in FY-2008, resulting in near depletion of numbers and long backlogs of prior cases. So, it is being predicted that very little forward movement will be seen across the employment based categories, It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.

The September 2008 Visa Bulletin, released by the U.S. Department of State (DOS), shows that the EB-2 Cutoff dates for Indian and Mexico, has moved another few months forward. The rest of the employment based categories remain the same as last month. Mexico’s F-2A numbers and EB-3 continue to be unavailable. The September Visa Bulletin will come into effect from September 1, 2008.

Employment Based Categories

• EB-1 (Priority Workers)
• EB-2 (Advanced Degrees Holders or Persons of Exceptional Ability)
• · EB-3 (Skilled Workers, Professionals, and Other Workers)
• · EB-4 (Special Immigrants)
• · EB-5 (Immigrant Investors)

Family Based Categories

• F – 1 (Unmarried Sons and Daughters of Citizens)
• F – 2A (Spouses & Children)
• · F – 2B (Unmarried Sons and Daughters)
• F – 3 (Married Sons and Daughters of Citizens)
• F – 4 (Brothers and Sisters of Adult Citizens)

Predictions

As predicted last month, the Mexico F2A and EB-3 cut-off dates remain “unavailable” as their annual limits have been reached for this fiscal year. However, contrary to the indications earlier, these categories may not revert back to their early dates on the start of the new fiscal year in October. Owing to heavy demand in these categories, retrogression in cut-off dates is being predicted.

The August Visa Bulletin also carries the family and employment preference limits for FY-2008 as follows – Worldwide Family-sponsored preference limit:  226,000; worldwide Employment-based preference limit:  162,704

The July 2008 Visa Bulletin, released by the U.S. Department of State (DOS), shows a significant advance in the EB-2 Cutoff dates for Indian and Mexico, 1st from July 2004 to 1st June 2006. On the downside the cut off dates for the unskilled category has become unavailable. Mexico’s F-2A numbers continue to be unavailable as well. The August Visa Bulletin will come into effect from August 1, 2008.

Employment Based Categories

• EB-1 (Priority Workers)
• EB-2 (Advanced Degrees Holders or Persons of Exceptional Ability)
• · EB-3 (Skilled Workers, Professionals, and Other Workers)
• · EB-4 (Special Immigrants)
• · EB-5 (Immigrant Investors)

Family Based Categories

• F – 1 (Unmarried Sons and Daughters of Citizens)
• F – 2A (Spouses & Children)
• · F – 2B (Unmarried Sons and Daughters)
• F – 3 (Married Sons and Daughters of Citizens)
• F – 4 (Brothers and Sisters of Adult Citizens)

Predictions

The EB-3 ‘Other Worker’ category is going to remain “unavailable” for the remainder of FY-2008 and the cut-off date will start from 1^st January 2003 in the next fiscal year starting October 2008.