Update from DOS on Visa Availability

The American Immigration Lawyer’s Association (AILA) recently talked with Mr. Charlie Oppenheim of the Department of state about visa availability in the coming months.  Mr. Oppenheim is the person in charge of the Visa Bulletin.  Below are some of the highlights of his predictions:

  1. EB-3 China:  The final action dates for China in the EB-3 category will continue to move forward – jumping another 5 months next month.  While Mr. Oppenheim is predicting that there will be a significant number of EB-2 Chinese cases that downgrade to EB-3 (the EB-3 final action date will be 10 months ahead of the EB-2 date in March) so far no significant demand has materialized for the EB-3 Chinese category.  In addition to moving the final action date, the Date for Filing will jump 19 months to May 1, 2015.
  2. EB-2 China:  The Final Action Date for EB-2 China will move forward 5 months in March.  Mr. Oppenheim sees this forward movement continuing unless more demand materializes.
  3. EB-2 India:  More demand is materializing so movement is slowing.  This category will only move about 1.5 months in March, and may move similarly in coming months (depending on demand).  In June the EB-1 numbers will be assessed, and if there are significant unused number, they may begin dropping them down to the EB-2 category which would help EB-2 India dates move forward faster.

Mr. Oppenheim also expressed the sentiment that if USCIS adopted the Dates for Filing for I-140s it would help even out the demand for the EB-3 and EB-2 numbers for China, which are underutilized at this time.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.


Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.

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