JULY 2012 VISA BULLETIN AND THE FUTURE OF EB-2

 by Chris Musillo

The Department of State has just released the July 2012 Visa Bulletin.

 

In the June Visa Bulletin, the Department of State made the India and China EB-2 categories unavailable (indicated by a "U", in the chart below), as had been expected for some time. Now, the DOS has made the All Other and Philippine EB-2 categories retrogressed to January 1, 2009. Plainly the Department of State and the USCIS are having troubling anticipating demand for visa numbers, which is leading to these enormous swings in visa dates.

 

July 2012 Visa Bulletin
	All Other Countries	China	India	Philippines
EB-2	01JAN09	U	U	01JAN09
EB-3	22JUL06	22SEP05	22SEP02	08JUN06

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So what will happen in future months to EB-2. MU Law believes that the EB-2 will continue to be retrogressed until October 1, 2012. The August or September 2012 Visa Bulletin likely will become unavailable at some point, although it should be temporarily.

Come October 2012, MU Law expects that All Other EB-2 (including the Philippines) will become Current, or nearly Current. October 1, 2012 is the start of the next US Fiscal Year and more immigrant visas are available for processing. The NVC may continue to process EB-2 petitions in the later summer, anticipating more favorable dates in the fall.

If you have an immigrant visa interview through June 30, you should continue to attend that interview, and you will be given a visa provided that you qualify and pass the interview process.

Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com

Comments

[Chris Musillo]

The Consulate should accept the NCLEX pass letter, along with proof that only the SSN is withholding the CA license. She should not need the license in this instance. Good luck!

[Ian]

Hello Chris,

Thanks for your prompt reply.

I have another question. My wife passed NCLEX for California last March 2007. It was valid for 3 years(until 2010). She then requested an extension for another year(unitl 2011). Now that it is already 2012, her california liscence has already expired. We heard from a friend that my wife's liscence can only be activated when she will get a SSN number together with other documents(finger prints scan from police, Transcript of records, etc.) she used when she first applied for NCLEX liscence. That means, she will have to be in the US to get SSN number. However, it seems that her NCLEX liscence is needed during embassy interview which requires her to activate her liscence while she is still in our country. As a result, we are quite confused. What is the correct path?

I hope that you can shed a little light to our confusion.

Thanks again.

Regards,
Ian

[Chris Musillo]

Hi Ian,
Yes. The sponsoring employer will need to re-confirm that it wants to hire your wife. You/she should re-connect with that employer to insure that there is still a valid offer of employment.
-Chris

[Ian]

Hi Chris,

Got a question.

My wife's priority date is Dec 2006 and she is wondering if there is a need to get an updated job offer from the sponsoring employer. Her job offer was issued 6 years ago and she is wondering if the US embassy will accept the old job offer or will require a new one when the time for interview will come.

Thanks and regards,
Ian

[Chris Musillo]

Good catch!