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Carl Shusterman's Immigration Update

September 2010 Visa Bulletin - The Great Leap Forward?

Rate this Entry For the past three years, all of our articles about the monthly Visa Bulletin have been filled with gloom and doom as the EB numbers continued to retrogress. Absent a legislative fix, we are not about to uncork any bottles of champagne this month.

However, we would be remiss if we failed to note that the August 2010 Visa Bulletin contains welcome news for many of those waiting for their visa numbers to become current:

  • Family Categories - Worldwide

  • The 1st preference category (unmarried adult sons and daughters of U.S. citizens) moved forward 4 months;
  • The 2A preference category (spouses and unmarried children of permanent residents) jumped ahead 8 months;
  • The 2B preference category (unmarried adult sons and daughters of permanent residents) also jumped ahead by 8 months;
  • The 3rd preference category (married sons and daughters of U.S. citizens) moved forward 4 months; and
  • The 4th preference category (brothers and sisters of U.S. citizens) jumped ahead 5 months.

  • Employment Categories

  • EB-2 (persons of exceptional ability and those with advanced degrees) China moved forward over 3 months while India jumped ahead 5 months;
  • EB-3 worldwide (professionals and skilled workers) sprinted forward by 9 months; and
  • EB-3 worldwide (unskilled workers) charged ahead by almost a full year.

Does this mean that "Happy Days are Here Again!"? Hardly! Millions of people including many professional workers are forced to wait way too long for green cards.

However, for a few thousand people, including many of our clients, the August Visa Bulletin is a dream come true.

What about would-be immigrants from India and China who have been waiting for many years for their green cards?The August Visa Bulletin holds out some hope:


INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates."

English Translation - Although Indian and Chinese EB dates will, no doubt, retrogress come October, in September, the EB dates for these two countries will jump forward, perhaps dramatically.

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Updated 12-02-2013 at 04:30 PM by CShusterman


  1. Kevin Peterson's Avatar
    Carl thanks for your explanation,

    I fall under Others EB-3 worldwide (professionals and skilled workers). with priority date of DEC 05, I'm trying to undertand the

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21)

    I assumed that whatever doesn't get used from EB2 category trickers down to the EB3 category. The part I don't understand is how it gets split, I'm understanding here from your example that the part that would tricker down from the others category on EB2 to EB3 doesn't happen because it goes to the oversubscribed countries of China and India under the EB2 preference. Is this true? Should I expect any of these numbers to fall under the EB3 category, or some forward progress similar to this month's for Others EB3 in this upcoming month?

    This puts me in a split position where I'm unsure of pursuing a masters degree and change jobs too a management position, just so I could re-apply under a EB2 category. The time for me to obtain it under waiting on EB3 VS reapplying under EB2 with all the risks involved may be the same, but I could be wrong.

    Thanks for your time
  2. Tenzin's Avatar
    My priority date of Family 2B is 16 october 2006 and can you give me some idea when it will be current?My mom is in new york and she is a permanent resident there.we havent met from last 6 years.
  3. Binny's Avatar
    Are the priority dates in October 2010 retrogress? Any prediction for EB2 India priority dates for October 2010.
  4. soodabeh's Avatar
    dear sir
    i am a nurse from iran my priority date is oct 2006 .would it be possible to come to the usa in 2010 or 2011.or the retrogress will be come very soon again?
    thanks in advanse to help me.
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