Posts Tagged 'f2b'

October 2014 Visa Bulletin Commentary

The October 2014 visa bulletin was released today. Here is what my readers are looking for:

For all countries except India, China, Philippines, and Mexico:  F2A category advances a month taking the priority date to 1 February 2013; F2B preference advances 2 months with PD at 1 November 2007;  F4 category advances 21 days taking PD to 22 January 2002;  EB2 is current and, and EB3 advances a huge 6 months to PD at 1 October 2011.

For India only: F2A category advances a month taking the priority date to 1 February 2013; F2B preference advances 2 months with PD at 1 November 2007;  F4 category advances 21 days taking PD to 22 January 2002;  EB2 India sees no movement leaving PD at 1 May 2009 and EB3 sees 7 days advancement taking priority date to 15 November 2003.

EB5 Note: There was much discussion in news reports about the unavailability of EB5 visas for citizens of China.  The October 2014 visa bulletin shows visas are now current and there should not be any waiting time.  The visa bulletin does not mention any warning issues for visa retrogression anytime soon but it is something that we will start monitoring to inform you.

If you are eligible to file,  it is important for those who are eligible to prepare filing your I-485 package as soon as possible.  Please note you cannot file until October 1st and can file while the priority date remains current for you.  Good luck to those who can file!

We will report on the November 2014 visa bulletin when it is released. See below for future cut off dates information:

News re. upcoming visa availability:

D.  VISA AVAILABILITY IN THE COMING MONTHS

INDIA Employment-based Second Preference: Increased demand will require the retrogression of this cut-off date, possibly in November, to hold number use within the fiscal year 2015 annual limit.

September 2014 Visa Bulletin Commentary

The September 2014 visa bulletin was released today. Here is what my readers are looking for:

For all countries except India, China, Philippines, and Mexico:  F2A category advances a whole 8 months taking the priority date to 1 January 2013 (great news!). F2B preference advances 2 months with PD at 1 September 2007;  No change in F4 category leaving PD at 1 January 2002;  EB2 is current and, and EB3 sees no movement leaving to PD at 1 April 2011.

For India only:  F2A category advances a whole 8 months taking the priority date at 1 January 2013 (great news!). F2B preference advances 2 months with PD at 1 September 2007;  No change in F4 category leaving PD at 1 January 2002;  EB2 India sees about 4 months advancement taking PD to 1 May 2009 and EB3 sees no movement leaving priority date at 8 November 2003.

If you are eligible to file,  it is important for those who are eligible to prepare filing your I-485 package as soon as possible.  Please note you cannot file until September 1st and while the priority date remains current for you.  Good luck to those who can file!

We will report on the October 2014 visa bulletin when it is released. See below for future cut off dates information:

News re. upcoming visa availability:

D.  VISA AVAILABILITY IN THE COMING MONTHS

INDIA Employment-based Second Preference: The use of potentially “otherwise unused” Employment numbers prescribed by Section 202(a)(5) of the Immigration and Nationality Act (INA) has allowed the India Employment Second preference cut-off date to advance very rapidly in recent months. Continued forward movement of this cut-off date during the upcoming months cannot be guaranteed, however, and no assumptions should be made until the dates are formally announced. Once there is a significant increase in India Employment Second preference demand it will be necessary to retrogress the cut-off date, possibly as early as November, to hold number use within the fiscal year 2015 annual limit.

August 2014 Visa Bulletin Commentary

The August 2014 visa bulletin was released today. Here is what my readers are looking for:

For all countries except India, China, Philippines, and Mexico: No movement in F2A category leaving priority date at 1 May 2012, F2B preference advanced 60 days with PD at 1 July 2007;  F4 category advanced 8 days to PD at 1 January 200s;  EB2 is current and, and EB3 sees no movement leaving to PD at 1 April 2011.

For India only:  No movement in F2A category  leaving priority date at 1 May 2012, F2B preference advanced 60 days with PD at 1 July 2007;  F4 category advanced 8 days to PD at 1 January 2002;  EB India sees a 4 months and 21 days jump forward  taking PD to 22 January 2009 and EB3 sees some forward movement of 7 days taking us to priority date 8 November 2003.

With the jump forward for EB3 India, it is important for those who are eligible to prepare filing your I-485 package as soon as possible.  Please note you cannot file until August 1st and while the priority date remains current for you.  Good luck to those who can file!

We will report on the September 2014 visa bulletin when it is released. See below for future cut off dates information:

D.  VISA AVAILABILITY IN THE COMING MONTHS

The China-mainland born Employment Third and Third Other Workers cut-off dates have advanced for the month of August, and could do so again for September. There are two reasons for this advance after the retrogression of the cut-off date earlier this summer: 1) The heavy demand by applicants with priority dates significantly (years) earlier than the previous cut-off date has declined during the past two months, and 2) declining number use in the Family preferences during May and June, combined with updated estimates of such number use through the end of the fiscal year, has resulted in availability of several hundred numbers for use in the China-mainland born Employment Third preference.

During the past two months, the India Employment Second preference cut-off date has advanced very rapidly based on the projected availability of “otherwise unused” numbers under the worldwide preference limit. It must not be assumed that this cut-off date will continue to advance at the same pace during the coming months. A cut-off date does not mean that everyone with a priority date before such cut-off date has already been processed to conclusion. It remains to be seen how heavy the demand for visa numbers by applicants will be in the coming months, and what the priority dates of such applicants may be. Heavy demand by applicants with priority dates significantly earlier than the established cut-off date is expected to materialize within the next several months, at which time the cut-off date is likely to retrogress significantly.

July 2014 Visa Bulletin Commentary- EB2 India Sees Significant Advancement!

visa-passport blog picThe July 2014 visa bulletin was released this morning.

Headline: EB2 India sees a jump forward of 3 years, 9 months and 18 days.  

Here is what my readers are looking for:

For all countries except India, China, Philippines, and Mexico: No movement in F2A category since last month’s retrogression leaving priority date at 1 May 2012, F2B preference advanced 30 days with PD at 1 May 2007;  F4 category advanced 7 days to PD at 22 December 2001;  EB2 is current and, and EB3 sees no movement since last month’s retrogression leaving to PD at 1 April 2011.

For India only:  No movement in F2A category since last months retrogression leaving priority date at 1 May 2012, F2B preference advanced 30 days with PD at 1 May 2007;  F4 category advanced 7 days to PD at 22 December 2001;  EB India sees huge jump forward of 3 years, 9 months and 18 days taking PD to 1 September 2008 and EB3 sees some forward movement of 15 days taking us to priority date 1 November 2003.

With the significant jump forward for EB3 India, it is important for those who are eligible to prepare filing your I-485 package as soon as possible.  Please note you cannot file until July 1st and while the priority date remains current for you.  Good luck to those who can file!

We will report on the August 2014 visa bulletin when it is released.

 

June 2014 Visa Bulletin Commentary

visa-passport blog picThe June 2014 Visa Bulletin was released today.  Retrogrssion in F2A and EB3 all countries categories. 

Here is what my readers are looking for:

For all countries except India, China, Philippines, and Mexico: F2A retrogressed1 year and 4 months to 1 May 2012, F2B preference advanced 60 days with PD at 1 April 2007;  F4 category advanced 7 days to PD at 15 December 2001;  EB2 is current and, and EB3  has retrogressed  1 years and 6 months to PD at 1 April 2011.

For India only:  F2A retrogressed1 yeas and 4 months to 1 May 2012, F2B preference advanced 60 days with PD at 1 April 2007;  F4 category advanced 7 days to PD at 15 December 2001; there is still no movement in EB2 preference category and EB3 sees some forward movement of 14 days taking us to priority date 15 October 2003.

While there was warning of retrogression last month, it is always hard to see it in black and white.  Please see below for message from Department of State regarding further possible retrogression.

We will report on the July 2014 visa bulletin when it is released.

Important text from the June 2014 visa bulletin below.

 D.  RETROGRESSION OF JUNE CUT-OFF DATES

WORLDWIDE F2A:
The cut-off date for the Family F2A category was advanced at a very rapid pace during fiscal year 2013 in an effort to generate demand to use all numbers available under the annual limit. Those movements have resulted in a dramatic increase in the level of applicant demand being received during the past seven months. This has required the retrogression of the Family F2A cut-off date for June in an effort to hold number use within the annual numerical limit. Further retrogression cannot be ruled out should demand by applicants with very early priority dates continue to increase.

MEXICO F2A:
Despite a previous retrogression, the level of demand has remained excessive, resulting in a further retrogression of this cut-off date to hold number use within the annual limit.

Employment Third, and Third Other Workers:
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.

Notices were included in several Visa Bulletins during the past year alerting readers to the possibility of such retrogressions. While corrective action in some categories has become necessary earlier than was anticipated based on the information available earlier, it is hoped that readers are not caught off guard by these retrogressions.

June 2014 Visa Bulletin out!

The June 2014 Visa Bulletin is out! Here is a link.  Usual commentary to follow shortly. Headline is that there is major retrogression in F2A category.  Below is a copy of the relevant text from the visa bulletin.  Stay tuned for more.

 

D.  RETROGRESSION OF JUNE CUT-OFF DATES

WORLDWIDE F2A:
The cut-off date for the Family F2A category was advanced at a very rapid pace during fiscal year 2013 in an effort to generate demand to use all numbers available under the annual limit. Those movements have resulted in a dramatic increase in the level of applicant demand being received during the past seven months. This has required the retrogression of the Family F2A cut-off date for June in an effort to hold number use within the annual numerical limit. Further retrogression cannot be ruled out should demand by applicants with very early priority dates continue to increase.

MEXICO F2A:
Despite a previous retrogression, the level of demand has remained excessive, resulting in a further retrogression of this cut-off date to hold number use within the annual limit.

Employment Third, and Third Other Workers:
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.

Notices were included in several Visa Bulletins during the past year alerting readers to the possibility of such retrogressions. While corrective action in some categories has become necessary earlier than was anticipated based on the information available earlier, it is hoped that readers are not caught off guard by these retrogressions.

Priority date updates from AILA and Charlie Oppenheim

(copied from AILA)

Visa Office Update on Priority Dates and Demand (Updated 4/28/14)

Cite as “AILA InfoNet Doc. No. 12012349 (posted Apr. 28, 2014)”

April 2014:On Monday April 21, 2014 Mr. Charlie Oppenheim of the Department of State’s Visa Office (VO) spoke to AILA members Roberta Freedman and Michael Nowlan 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. Below are notes from that call. It is important for AILA members to remember that these notes are based on Mr. Oppenheim’s impressions at this time, and are subject to change based on usage and/or new developments. All projections, including those that are noted in the Visa Bulletin are subject to change depending on demand that is reported or observed by U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) in “real time.”General Notes: The National Visa Center (NVC) is now sending out requests for payments 8 to 12 months in advance the of the priority date becoming “current.” The NVC had previously been contacting applicants 12 to 18 months in advance. Applicants processing abroad appear to be waiting until their priority date is current, or almost current, to pay the fees. This could be to avoid the long delay where the visa fees are held without a visa being issued. Once payment is received, it helps the VO confirm the actual demand overseas.

The VO expects to be able to make predictions regarding worldwide (WW) FB-2A, WW EB-3 and China EB-3 in May (see below) which could be realized in the July Visa Bulletin, or perhaps sooner.

Family Based Second Preference 2A Worldwide (FB-2A):

  • Demand is starting to catch up. FB-2A for Mexico will retrogress soon and more than the WW reported dates. It appears that the WW FB-2A category will also retrogress, perhaps back to 2012 in the June or July Visa Bulletin.
  • Why the retrogression? USCIS seems to be processing more approvals. It is possible that some FB-2A beneficiaries were holding off on filing for green cards in anticipation of comprehensive immigration reform, and demand is now “catching up” to the posted dates.
  • 85% to 95% of these cases are processed at U.S. consulates.
  • The VO was not able to confirm whether I-601 processing by USCIS had a positive or negative impact on the demand for visa numbers. The NVC may have that data.

Family Based Second Preference 2B Worldwide (FB-2B):

  • Demand is down right now, so movement is expected to continue to advance.
  • It is likely the same scenario will occur in the next fiscal year that occurred with WW FB-2A. Specifically, that demand will increase as the category is advanced and then there will be high demand, which will reduce forward movement.

Employment Based 5th Preference China (EB-5):

  • China EB5 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 over 7,000 I-526 applications pending and 80% are from China.
  • More on this topic is expected to be known in the next few weeks, and will be shared at an upcoming panel in May with AILA Past-President Bernie Wolfsdorf.

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 WW categories.
  • How many numbers will be utilized depends on EB-1 and EB-2 usage in the WW 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 WW 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 5 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.PRACTICE POINTER: Do not delay on filing I-485 adjustment of status cases. WW EB-3 could retrogress as early as May or June so encourage your clients to file their cases now if their priority dates are current. The category may not be available as early as May.

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. For more information, see “Multiple I-140s, Priority Date Retention, and the 2013 China EB-2/EB-3 Anomaly.
  • 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.
  • If China FB-2A retrogresses because of the WW FB-2A retrogression discussed above, the unused FB demand could be used by China EB-3.PRACTICE POINTER: Do not delay on filing I-485 adjustment of status cases. China EB-3 could retrogress as early as May or June, so encourage your clients to file their cases now if their priority dates are current. The category may not be available as early as May.

May 2014 Visa Bulletin Commentary

visa-passport blog picThe May 2014 Visa Bulletin was released today.  Big jump on F2B for all countries, India and China but not for Mexcio and Philippines.

Here is what my readers are looking for:

For all countries except India, China, Philippines, and Mexico: F2A remains at 8 September 2013, F2B preference advanced 103 days with PD at 1 February 2007;  F4 category advances 17 days to PD at 8 December 2001;  EB2 is current and, and EB3  has no forward movement with PD remaining 1 October 2012.

For India only:  F2A sees no movement, F2B preference F2B preference advanced 103 days with PD at 1 February 2007;  F4 category advances 17 days to PD at 8 December 2001;

There is still no movement in EB2 preference category and EB3 finally sees some forward movement of 17 days taking us to priority date 1 October 2003.

If your priority date is current, especially in the EB3 All Countries category, congratulations! We hope you file your petition in due course!

We will report on the June 2014 visa bulletin when it is released.

Important text from the May 2014 visa bulletin below.

 D.  VISA AVAILABILITY DURING THE COMING MONTHS

WORLDWIDE F2A:  From early 2013 through September 2013, the level of demand for numbers in this preference category was extremely low. As a result, the F2A cut-off date was advanced at a very rapid pace, in an attempt to generate demand so that the annual numerical limit could be fully utilized. As readers of the Visa Bulletin were advised during that time, such cut-off date advances were not expected to continue, and at some point they could stop, or retrogression might be required.

The level of demand being experienced for FY-2014 has resulted in the Worldwide F2A cut-off date being held since October. Despite no forward movement of the cut-off date, the level of demand has continued to increase dramatically. At the current rate, such demand will require a retrogression of the F2A cut-off date within the next several months. That action would be necessary to hold number use within the annual numerical limit.

MEXICO F2A:  Despite an earlier retrogression of this cut-off date, the level of demand remains extremely heavy. As a result, it is likely that another retrogression of this cut-off date will be required to hold number use within the annual numerical limit.

April 2014 Visa Bulletin Commentary

The April 2014 visa bulletin was released today.  There are no significant changes except EB3 All Countries jumps forward again – this time by 31days.  F2A for ALL countries has not moved.   Relevant section from the visa bulletin is copied below.  Our usual commentary is here:

Here’s the pertinent information most of my readers are looking for:

For ALL countries except Mexico: F2A preference remains the same as last few months with PD for all countries at 8 September 2013 and for Mexico the PD remains the same at 15 April 2012. 

For all countries except India, China, Philippines, and Mexico: F2B preference advanced 52 days with PD at 22 October 2006;  F4 category advances 15 days to PD at 22 November 2001;  EB2 is current and, and EB3  has forward movement with PD of 31 days to 1 October 2012.

For India only:  F2B preference advanced 52 days with PD at 22 October 2006;  F4 category advances 15 days to PD at 22 November 2001;

There is still no movement in EB2 and EB3 categories.

If your priority date is current, especially in the EB3 All Countries category, congratulations! We hope you file your petition in due course!

We will report on the May 2014 visa bulletin when it is released.

 

March 2014 Visa Bulletin Commentary

visa-passport blog picThe March 2014 visa bulletin was released today.  There are no signficant changes except EB3 All Countries jumps forward again – this time by 3 months.  F2A for ALL countries has not moved but Mexico sees retrogression.   Relevant section from the visa bulletin is copied below.  Our usual commentary is here:

Here’s the pertinent information most of my readers are looking for:

For ALL countries except Mexico: F2A preference remains the same as last few months with PD for all countries at 8 September 2013 and for Mexico see retrogression with PD at 15 April 2012. 

For all countries except India, China, Philippines, and Mexico: F2B preference advanced 56 days with PD at 1 September 2006;  F4 category advances 18 days to PD at 8 November 2001;  EB2 is current and, and EB3  has forward movement with PD jumping again 3 months to 1 September 2012.

For India only:  F2B preference advanced 56 days with PD at 1 September 2006;  F4 category advances 18 days to PD at 8 November 2001;

There is still no movement in EB2 and EB3 preference advances 14 days.

If your priority date is current, especially in the EB3 All Countries category,  congratulations! We hope you file your petition in due course!

We will report on the April 2014 visa bulletin when it is released.

_____________________________

Below is copy text from the Visa Bulletin re. F2A for Mexico and future visa-availability news.

D.  MEXICO VISA AVAILABILITY

MEXICO F2A:   Continued heavy demand in the Mexico F2A category has resulted in the retrogression of this cut-off date to hold number use within the annual numerical limit.

It should be noted that there are many applicants with priority dates which are earlier than any listed cut-off dates. A cut-off date does not mean that everyone with a priority date before such date has already processed their case to conclusion, and received a visa.

E.  VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1:  Two to four weeks

F2A:  No forward movement is expected

F2B:  Four to seven weeks

F3:  Four to six weeks

F4:  Two or three weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First:  Current

Employment Second:

Worldwide:  Current

China:  Three to five weeks

India:  No forward movement

Employment Third:

Worldwide:  This cut-off date has been advanced over four and one half years since last spring in an effort to generate new demand. After such a rapid advance of a cut-off date applicant demand for number use, particularly for adjustment of status cases, can be expected to increase significantly. Once such demand begins to materialize at a greater rate it could have a significant impact on this cut-off date situation. Little, if any forward movement of this cut-off date is likely during the next few months.

China:  Will remain at the worldwide date

India:  Little if any movement

Mexico:  Will remain at the worldwide date

Philippines:  Three to six weeks

Employment Fourth:  Current

Employment Fifth:  Current

The above projections for the Family and Employment categories are for what is likely to happen during each of the next several months based on current applicant demand patterns. Readers should never assume that recent trends in cut-off date movements are guaranteed for the future, or that “corrective” action will not be required at some point in an effort to maintain number use within the applicable annual limits. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables. Unless indicated, those categories with a “Current” projection will remain so for the foreseeable future.


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