Posts Tagged 'priority date'

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.

 

February 2014 Visa Bulletin Commentary

The February 2014 visa bulletin was released yesterday.  There are no signficant changes except EB3 All Countries jumps forward again – this time by 2 months days F2A has not moved (no retrogression still).   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 only at 1 September 2013. 

For all countries except India, China, Philippines, and Mexico: F2B preference advanced 37 days with PD at 8 July 2006;  F4 category advances 21 days to PD at 22 October 2001;  EB2 is current and, and EB3  has forward movement with PD jumping again 2 months to 1 June 2012.

For India only:  F2B preference advanced 37 days with PD at 8 July 2006;  F4 category advances 21 days to PD at 22 October 2001;  

There is still no movement in EB2 and EB3 preference categories at this time.

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 March 2014 visa bulletin when it is released.

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Below is copy text from the Visa Bulletin re. F2A for Mexico.

D. MEXICO VISA AVAILABILITY

MEXICO F2B:  The level of demand during recent months has been extremely heavy, in particular for cases filed with the U.S. Citizenship and Immigration Services for adjustment of status processing.  Therefore, it has been necessary to retrogress the February cut-off date to May 1, 1993 in an attempt to hold number use within the annual per-country limit.  Further retrogression of this cut-off date cannot be ruled out.

MEXICO F2A:  Continued heavy demand in the Mexico F2A category will require the retrogression of this cut-off date to hold number use within the annual numerical limit.  Such action is likely to occur within the next few months.

December 2013 Visa Bulletin out!

A few moments ago, the December 2013 Visa Bulletin was released.  Here is a link. http://www.travel.state.gov/visa/bulletin/bulletin_6211.html.  Our usual commentaries to follow shortly.  But headline is that the F2A cateogory has not retrogressed.  It remains at 8 Sept. 2013.  That is good news.  We will be updating the other categories soon.  Stay tuned!

November 2013 Visa Bulletin Commentary

visa-passport blog picThe November 2013 visa bulletin was released today. Here’s the pertinent information most of my readers are looking for:

 

For ALL countries except Mexico: F2A preference remains the same as last month and Mexico retrogressed a week (that is still great news).

 

For all countries except India, China, Philippines, and Mexico: F2B preference advanced 21 days with PD at 22 March 2006;  F4 category advances 14 days to PD at 22 August 2001;  EB2 is current and, and EB3  has SIGNIFICANT movement with PD JUMPING 102 days to 10 October 2010 (you may recall there was a huge jump of 547 days in September 2013).

For India only: F2B preference advanced 21 days with PD at 22 March 2006;  F4 category advances 14 days to PD at 22 August 2001;  EB2 has no movement (remember the 167 jump in September?) leaving PD at 15 June 2008 and EB3 has no movement either (remember big jump of 244 days  in September too?) leaving PD at 22 Sept 2003.

Reminder that October is the beginning of the fiscal year.  We will write about the December 2013 Visa Bulletin when it is released in due course.

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Below is a copy of the text from the November 2013 bulletin about visa availability.

D. VISA AVAILABILITY

It is important to remember that the establishment of a monthly cut-off or “Current” status for a numerically controlled category (preference or Diversity) applies to those applicants who were reported prior to the allocation of visa numbers for that month.  For example, all qualified applicants who were reported to the Visa Office in time to be included in the calculation of the September cut-offs, who had a priority date or rank-order number before the relevant September cut-off, would have been allotted visa numbers for September.  There would be no expectation, however, that sufficient numbers would be available for the processing of cases which subsequently became eligible for final action during that month.  Additional numbers may be allocated outside the regular monthly cycle, but only to the extent that such numbers remain available under the applicable annual limit.  The availability of additional numbers is subject to change at any time and should never be taken for granted.  This is especially true late in the fiscal year when numerical allocations are often close to or at the annual limits.

When applicants fail to appear or overcome a refusal (even for reasons beyond their control) during the original month of scheduled interview, they risk not having their case processed later in the fiscal year.  This is because the unused numbers that had originally been allocated for their case are returned at the end of their interview month to the “pool” of numbers available for allocation in subsequent months to other applicants being reported for their “first time” interview.

EMPLOYMENT-based Third Preference:

China:  Rapid forward movement of the cut-off date, as a result of there being insufficient demand to use all available numbers, allowed the category to reach the Worldwide Third preference cut-off date in May 2013.  The continued lack of demand has allowed the “otherwise unused” numbers available under that limit to be provided for use in the China Employment Third preference Other Workers category.  The continued addition of those numbers has allowed the cut-off date for that category to reach the China Third preference date for November.  This is the same action which has been possible for the Other Worker category in other “oversubscribed” countries such as India and Mexico. A sudden increase in demand for China Employment Third preference visas could require corrective action in the China Other Worker cut-off date at any time.

November 2013 Visa Bulletin out!

Just a few moments ago, the Department of State released the November 2013 Visa bulletin.  Here is a link. Our usual commentary to follow shortly

http://travel.state.gov/visa/bulletin/bulletin_6168.html

October 2013 Visa Bulletin Commentary

visa-passport blog picThe October 2013 visa bulletin was released yesterday. Here’s the pertinent information most of my readers are looking for:

For ALL countries including India and China: F2A preference retrogressed 1 day only to Sept. 8, 2013.  That is better than what my expectations were!

For all countries except India, China, Philippines, and Mexico: F2B preference advanced 15 days days with PD at 1 March 2006;  F4 category advances 18 days to PD at 8 August 2001;  EB2 is current and, and EB3  has no movement with PD remaining at 1 July 2010 (you may recall there was a huge jump of 547 days last month).

For India only: F2B preference advanced 15 days days with PD at 1 March 2006;  F4 category advances 18 days to PD at 8 August 2001; EB2 has no movement (remember the 167 jump last month?) leaving PD at 15 June 2008 and EB3 has no movement either (remember big jump of 244 days last month?) leaving PD at 22 Sept 2003.

Reminder that October is the beginning of the fiscal year.  We will write about the November 2013 Visa Bulletin when it is released in due course.

September 2013 Visa Bulletin Commentary

The September 2013 visa bulletin was released today. Here’s the pertinent information most of my readers are looking for:

For ALL countries including India and China: F2A preference is still CURRENT. You can file for your green card, if you meet all the requirements.  Best to seek legal advice as this category comes with various issues that must be considered first.  You should also seek advice on consequences if the visa retrogresses after your filing. 

For all countries except India, China, Philippines, and Mexico: F2B preference advanced 77 days days with PD at 15 Feb 2006;  F4 category advances 30 days to PD at 22 July 2001;  EB2 is current and, and EB3 has a huge jump of 547 days (wow! that’s 18 months! ) to PD 1 July 2010.

For India only: F2B preference advanced 77 days days with PD at 15 Feb 2006;  F4 category advances 30 days to PD at 22 July 2001;  EB2 advances 167 days (that’s great news since last month’s huge jump to current!) to PD 15 June 2008 (I am happy for everyone who has been so close yet so far, who can finally file their I-485s!) and EB3 has finally sees some great movement too of 244 days to  movement leaving PD at 22 Sept 2003 (I had an error in previous posts that this date was June 2003 but it was January 2003, apologies).

As promised in last month’s bulletin, there has been some exciting movement in the August 2013 visa bulletin that has continued into the September 2013 bulletin.  See below for information from the DOS about coming months.

Don’t waste time filing your petition if your priority date is finally current!

We will be sure to update you on the October 2013 visa bulletin when it becomes available.

D.  VISA AVAILABILITY

FAMILY-sponsored:

F2A:  This category was made “Current” in an effort to generate new demand for the upcoming fiscal year.  Information received during discussions with the National Visa Center and U.S. Citizenship and Immigration Services indicates that this action is already having the intended result.  Therefore, it is likely that a cut-off will be imposed for October.  This cut-off is unlikely to have any negative impact on those who have already initiated action on their case prior to the announcement of the October cut-off dates.

EMPLOYMENT-based:

SECOND:

India:  This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be “otherwise unused” numbers under the overall Employment Second preference annual limit.  This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months.  It is expected that such movement will generate a very significant amount of new India demand during the coming months.

THIRD:

The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand.  Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months.  At this time there is no indication that the expected increase is materializing or will do so in the near future.  This has resulted in significant movements in the September cut-off for all countries.

It is unlikely that there will be any forward movement of most Employment-based cut-off dates during the next couple of months.  In addition, a sudden surge in demand could require the retrogression of a cut-off date at any time.  Such action would be required if it appears that such number use could impact visa availability under the FY-2014 annual limits.

E. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis.  These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year.  Without this information, it is impossible to make an official determination of the annual limits.  To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA.  On July 25th, USCIS provided the required data to VO.

The Department of State has determined the Family and Employment preference numerical limits for FY-2013 in accordance with the terms of Section 201 of the INA.  These numerical limitations for FY-2013 are as follows:

Worldwide Family-Sponsored preference limit:          226,000
Worldwide Employment-Based preference limit:        158,466

Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits.  For FY-2013 the per-country limit is 26,913.  The dependent area annual limit is 2%, or 7,689.

July 2013 Visa Bulletin Commentary

visa-passport blog picThe July 2013 visa bulletin was released on Friday. Here’s the pertinent information most of my readers are looking for:

For all countries except India, China, Philippines, and Mexico: F2A preference has advanced 123 days to priority date (PD) 8 Oct 2011.  F2B preference advanced 117 days with PD at 1 Nov. 2005;  finally slight movement in F4 category of 21 days leaving PD at 22 May  2001;  EB2 is current and, and EB3 advances 123 days to 1  January 2009.

For India only: F2A preference has advanced 123 days to priority date (PD) 8 Oct 2011.  F2B preference advanced 117 days with PD at 1 Nov. 2005;  finally slight movement in F4 category of 21 days leaving PD at 22 May  2001;  Still no movement in EB2 leaving PD at 1 September 2004. EB3 advances 15 days to 22 January 2003.

The Visa Bulletin provides an estimate of what to expect in the coming months.  There appears to be considerable movement, particularly in view of the July advancements as well as all the recent advancements.  If your visa is available, best not to waste time!

We will be sure to update you on the August 2013 visa bulletin when it becomes available.

 

D.  VISA AVAILABILITY IN THE COMING MONTHS (August – October)

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1: Up to five weeks

F2A: Could become “Current” at some point during the coming months.

F2B: Four to seven weeks

F3: Three to five weeks

F4: Three to five weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First:  Current

Employment Second:

Worldwide:  Current

China:  Up to two months

India: At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category.  A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

Employment Third:

Worldwide: No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.

China: No additional movement

India: Up to three weeks

Mexico: No additional movement

Philippines: Up to two 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 few 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.

July 2013 Visa Bulletin is Out

The Department of State released the July 2013 visa bulletin today.  Our usual commentary to follow soon. Stay tuned!

In the meantime, some pertinent information about movement of priority dates  from the bulletin copied below:

D.  VISA AVAILABILITY IN THE COMING MONTHS (August – October)

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1: Up to five weeks

F2A: Could become “Current” at some point during the coming months.

F2B: Four to seven weeks

F3: Three to five weeks

F4: Three to five weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First:  Current

Employment Second:

Worldwide:  Current

China:  Up to two months

India: At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category.  A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

Employment Third:

Worldwide: No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.

China: No additional movement

India: Up to three weeks

Mexico: No additional movement

Philippines: Up to two 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 few 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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