ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Carl Shusterman's Immigration Update

description

  1. Visa Bulletin : Update and Predictions

    The government’s new fiscal year will begin on October 1st, and as usual, there will be some significant advances in priority dates for green cards, particularly in the employment-based categories.


    Employment-Based Categories


    The EB-1 category for persons born in India and China will again be current (no backlogs).
    The worldwide EB-2 category will again be current and will advance an average of 2 years for India and China.
    The worldwide EB-3 category will advance 1 month. China EB-3 will jump forward over 3 years, Philippines by 5 months and India by only 2 weeks.
    The worldwide EB-4 category will remain current, with a huge leap forward for various Central American countries.
    Worldwide EB-5 also will remain current, but China EB-5 will inch forward by only 1 week. The EB-5 regional center program is due to expire on September 30 and will need to be reauthorized by Congress.


    Family-Based Categories


    The forward movement in the family-based categories will remain slow. The worldwide categories will advance between 1 and 6 weeks.
    However, there are a few notable exceptions.
    Mexico 2A will advance by 3 months, China F4 by 4 months and India F4 by almost 2 years.


    Predictions for the Near Future


    The State Department predicts that India EB-2 will continue to advance up to 4 months each Visa Bulletin and that China EB-2 will move forward by 3 months.
    The demand for EB-3 numbers could slow down the forward worldwide movement in the coming fiscal year. India will continue to inch forward by only one week per month (Time to get rid of per-country quotas!). However, China will advance by 3 months at a time and EB-3 Philippines could also see significant advances.
    The family-based categories are all severely backlogged and any forward movement will be incremental.

    Updated 09-12-2016 at 12:35 PM by CShusterman

  2. Family 2A Goes Current in August

    The August 2013 Visa Bulletin contains great news for both spouses and children of permanent residents. As of August 1, the Family 2A category will be current for all countries.

    If you have a green card, and your spouse (and/or children) are lawfully present in the U.S., they should get ready to file their I-485 packets in August. Even if the category retrogresses later on, they will be able to remain in the U.S. together with you. In 90 days, they will receive their work and travel permits. Your spouse will be able to get a drivers license. Your kids will be able to enroll in school.

    If the I-130 petition is pending, they can file their I-485s. If you have not filed anything for them, get ready to file I-130s and I-485s in August.

    If you were waiting to naturalize before you sponsored them for green cards, or before you got married, wait no longer. Sponsor them in August, or marry your boyfriend or girlfriend in July, and get the paperwork ready to file in August.

    And given the Supreme Court's recent decision striking down section 3 of DOMA, remember that the above advice applies to same-sex couples as well.

    If your spouse is abroad or entered the U.S. unlawfully, things are a bit more complex. The time to see your immigration lawyer is now!

    Below are the dates for the family-based categories in the August 2013 Visa Bulletin:

    FAMILY CATEGORIES

    Categories Worldwide China (PRC) Mexico Philippines
    1st 9-1-06 9-1-06 9-1-93 1-1-01
    2A Current Current Current Current
    2B 12-1-05 12-1-05 2-1-94 12-22-02
    3rd 12-8-02 12-8-02 5-1-93 12-1-92
    4th 6-22-01 6-22-01 9-22-96 1-8-90

    The big news in employment-based numbers is that India EB-2 advances from 2004 to 2008. If this affects you, be sure to file your I-485 in August.

    EMPLOYMENT CATEGORIES

    Categories Worldwide China (PRC) India Mexico Philippines
    1st Current Current Current Current Current
    2nd Current 8-8-08 1-1-08 Current Current
    3rd 1-1-09 1-1-09 1-22-03 1-1-09 10-22-06
    Unskilled 1-1-09 3-22-04 1-22-03 1-1-09 10-22-06
    4th Current Current Current Current Current
    Religious Current Current Current Current Current
    5th Current Current Current Current Current

    Subscribe to our free, monthly e-mail newsletter, and follow us on Facebook, Twitter, Google+ and YouTube.
  3. Great News for Spouses/Children of Green Card Holders

    The August 2013 Visa Bulletin contains great news for both spouses and children of permanent residents. As of August 1, the family-based 2A category will be current for all countries.

    If you have a green card, and your spouse (and/or children) are lawfully present in the U.S., they should get ready to file their I-485 packets in August. Even if the category retrogresses later on, they will be able to remain in the U.S. together with you. In 90 days, they will receive their work and travel permits. Your spouse will be able to get a drivers license. Your kids will be able to enroll in school.

    If the I-130 petition is pending, they can file their I-485s. If you have not filed anything for them, get ready to file I-130s and I-485s in August.

    If you were waiting to naturalize before you sponsored them for green cards, or before you got married, wait no longer. Sponsor them in August, or marry your boyfriend or girlfriend in July, and get the paperwork ready to file in August.

    And given the Supreme Court's recent decision striking down section 3 of DOMA, remember that the above advice applies to same-sex couples as well.

    If your spouse is abroad or entered the U.S. unlawfully, things are a bit more complex. The time to see your immigration lawyer is now!


    Below are the dates for the family-based categories in the August 2013 Visa Bulletin:


    FAMILY CATEGORIES


    Categories Worldwide China (PRC) Mexico Philippines
    1st 9-1-06 9-1-06 9-1-93 1-1-01
    2A Current Current Current Current
    2B 12-1-05 12-1-05 2-1-94 12-22-02
    3rd 12-8-02 12-8-02 5-1-93 12-1-92
    4th 6-22-01 6-22-01 9-22-96 1-8-90



    The big news in employment-based numbers is that India EB-2 advances from 2004 to 2008. If this affects you, be sure to file your I-485s in August.


    EMPLOYMENT CATEGORIES


    Categories Worldwide China (PRC) India Mexico Philippines
    1st Current Current Current Current Current
    2nd Current 8-8-08 1-1-08 Current Current
    3rd 1-1-09 1-1-09 1-22-03 1-1-09 10-22-06
    Unskilled 1-1-09 3-22-04 1-22-03 1-1-09 10-22-06
    4th Current Current Current Current Current
    Religious Current Current Current Current Current
    5th Current Current Current Current Current

    Subscribe to our free, monthly e-mail newsletter, and follow us on Facebook, Twitter, Google+ and YouTube.
  4. The July 2013 Visa Bulletin, and Beyond

    The July 2013 Visa Bulletin contains good news for those waiting in line under the worldwide employment-based third category (professionals, skilled and unskilled workers). The category advances another 4 months in July. The waiting time is now 4 1/2 years, down from 6 years just a few months ago. In contrast, the India EB-3 priority date advances only 2 weeks. The EB-3 category for the Philippines moves ahead only 1 week.

    The worldwide EB-2 category remains current (no backlog), but while EB-2 PRC advances 3 weeks, EB-2 India does not move at all.

    The Senate CIR bill would eliminate all per-country EB quotas. Write your Senators and Representatives now, and ask them to support this important modification to our broken immigration system!

    The worldwide family-based preference 2A category moves forward 4 months and the 2B category advances almost 4 months. Other worldwide family-based categories advance between 3 and 5 weeks. Family categories for the Philippines advance somewhat faster especially the F1 category which sprints ahead 6 months. Family-based waiting times for Mexico advance significantly for both the 2A and the 2B categories.

    The charts below tell the story in more detail:


    FAMILY CATEGORIES


    Categories Worldwide China (PRC) Mexico Philippines
    1st 6-1-06 6-1-06 8-22-93 7-1-00
    2A 10-8-11 10-8-11 9-1-11 10-8-11
    2B 11-1-05 11-1-05 11-1-93 12-22-02
    3rd 10-1-02 10-1-02 4-22-93 11-22-92
    4th 5-22-01 5-22-01 9-22-96 12-15-89


    EMPLOYMENT CATEGORIES


    Categories Worldwide China (PRC) India Mexico Philippines
    1st Current Current Current Current Current
    2nd Current 8-8-08 9-1-04 Current Current
    3rd 9-1-09 9-1-09 1-22-03 1-1-09 10-1-06
    Unskilled 1-1-09 3-22-04 1-22-03 1-1-09 10-1-06
    4th Current Current Current Current Current
    Religious Current Current Current Current Current
    5th Current Current Current Current Current


    STATE DEPARTMENT PREDICTIONS


    VISA AVAILABILITY FROM AUGUST to 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.[/TD]


    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.

    See the entire visa bulletin including information about the movement of the green card lottery numbers.

    Subscribe to our free, monthly e-mail newsletter, and follow us on Facebook, Twitter, Google+ and YouTube.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: