Update from Charlie Oppenheim RE: Visa Bulletin Movement

UnknownCharlie Oppenheim recently released a new update on possible movement of various visa categories.  While for the most part there are no surprises, it is good to review what he says on your particular category to ensure you are not surprised in future months.  However, overall, it was a short update this month.

EB-1:  All countries should remain current for the foreseeable future (including China and India)

EB-2:  Worldwide should remain current for the foreseeable future.  India and China will have some forward movement but not much.

EB-3:  Worldwide should remain current for the foreseeable future.  India will most likely hold steady and China will move forward slowly.  Charlie has been paying close attention to China especially because of the number of EB-2 downgrades.  To prevent any retrogression, Charlie is only moving forward slowly in that category.  The Philippines should also progress slowly.

Family based:  Mostly modest movement forward.  The only surprise is FB-4 for India, which is having lower than expected demand and may move forward more quickly than Charlie previously thought.

 

November 2017 Visa Bulletin Released

UnknownThe Department of State released the November 2017 visa bulletin.  This bulletin includes some modest forward movement in most categories.

Family Based Immigrant Visa Numbers

USCIS has allowed people to base the filing of the Adjustment of Status applications on the Dates for Filing.  However those dates have not changes since last month.  As most people who file family based applications are not in the US, and the Final Action Dates have changed somewhat, I will discuss those dates below.

FB1:  Most countries moved forward a month to January 22, 2011.  Mexico also moved forward  a month to April 1, 1996.  The Philippines did not move from January 1, 2007.

FB2A:  All countries moved forward 1 month to November 15, 2015 except Mexico which moved forward a month to November 1, 2015

FB2B:  Most countries moved forward about 1 week to November 15, 2010.  The only exceptions were Mexico, which also moved forward about 1 week to July 22, 1996 and the Philippines which did not move from January 1, 2007

F3:  Most countries moved forward about 1 month to August 15, 2005.  Mexico moved forward about two weeks to May 8, 1995 and the Philippines moved forward about 1 week to March 1, 1995

F4:  Most countries moved forward about two weeks to May 22, 2004.  Mexico moved forward 1 week to October 8, 1997.  India moved forward about three weeks to October 22, 2003.  The Philippines moved forward about 1 week to June 8, 1994.

Employment Based Immigrant Visa Numbers

According to USCIS, all flings must use the Final Action Dates.  Therefore, all below dates are based upon that chart.

EB-1:  Remains current for all countries

EB-2:  Current for most countries except:  India, which moved forward about 1 month to October 8, 2008; and, China, which also moved forward about 1 month to June 15, 2013.

EB-3:  Most countries are current except: India, which did not move from October 15, 2006; China which forward about 1 month to  February 1, 2014; and, the Philippines, which moved forward about 1 month to January 15, 2016

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.

 

October Visa Bulletin Released

Today, USCIS released the October Visa Bulletin. The big changes are the EB1 coming current (as well as EB2 Worldwide) and a big jump forward in the F4 (siblings of a US Citizen) category for Worldwide, China and, to a lesser extent, India. Below is a summary of the developments this month:

Employment Based:

EB1: As predicted, the EB1 category went current across the Board, including for India and China.

EB2: The Worldwide category went current as well. EB-2 for China is now at May 22, 2013 and India is at September 15, 2008. China only moved forward about 1 week and India moved forward about 3 weeks.

EB3: Worldwide remained Current. India stayed at October 15, 2006. China, on the other hand jumped up to January 1, 2014.

Family Based:

F1: Worldwide, China and India all jumped to December 22, 2010. Mexico moved forward one month to March 1, 1996 and the Philippines remained at January 1, 2007.

F2A: Worldwide, India, China and the Philippines moved forward about 3 weeks to October 22, 2015. Mexico also moved forward about 3 weeks to October 15, 2015.

F2B:Worldwide, China and India moved forward about 1 week to November 9, 2010. Mexico moved forward about 1 week as well to July 15, 1996 and the Philippines staid at January 1, 2007.

F3:Worldwide, China and India moved forward about 2 weeks to July 22, 2005. Mexico moved forward about 2 weeks to April 22, 1995 and the Philippines moved forward about 1 week to February 22, 1995.

F4:Worldwide and China jumped forward about 2 years to May 8, 2004. India jumped a little less (about 1 year) to October 1, 2003. Mexico moved forward about 2 weeks to October 1, 1997 and the Philippines staid at June 1, 1994.

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.

EB1 for China and India Backlogging in June, 2017

Unknown.jpegThe June, 2017 Visa Bulletin was released and the biggest change is that both India and China are now backlogged in EB-1 category.  Below are all the changes and further information about this new backlog.  We are also including updates from Charlie Oppenheim from the Department of State on projected future movements for the various immigrant visa categories.

Employment Based Immigrant Visas

EB1:  India and China Backlogged to January 1, 2012.  All other countries Current.  The reason for this backlog are several fold.  First, India and China have already used up about one half of ALL immigrant visas for the EB1 category already.  Second, there has been high usage in EB-4 and EB-5 categories.  Normally, all left over visas from EB-4 and EB-5 will roll over to the EB-1 category (and down to EB-2 if applicable.  However, because of the high usage in those categories, there are no visas to roll over.  Lastly, there has been significantly high demand in the EB-2 category for India and China, which prompts more people from those countries to file EB-1 applications if they can.  At this point, Charlie is very hopeful that India and China will go Current in this category again come October 1, 2017, the beginning of the new fiscal year.

EB2:  China moved forward about a month to March 1, 2013 and India moved forward a little more than 1 week to July 1, 2008.  All other countries are Current.  Right now India and China are both limited to their per country allocation in this category (approximately 2, 810 immigrant visas).  Both are expected to use up their allocations by the end of the fiscal year.  Additionally, worldwide EB2 will backlog by July or August (at the latest) but note, it will go current again come October 1, 2017.

EB3: China held steady at October 1, 2014, India moved forward about 2 months to May 15, 2005 and the Philippines moved forward about four months to May 1, 2013.  All other countries moved forward 1 month to April 15, 2017.  For China, Charlie is keeping it steady on October 1, 2014 for as long as possible.  China may backlog at some point, but Charlie is not certain.  Worldwide demand in this area is fairly steady so it should keep up as it has all year.  India is expected to move forward steadily in this category as long as Worldwide demand, and especially Mexico demand remains as low as it has been.

Family Immigrant Visas

Not much to say here, most categories moved forward about 1 week to 1 month, no more than that.  The only indications that Charlie gave were that F4 (Brothers and Sisters of Citizens) may move forward more significantly this fiscal year.  If you are waiting for that category keep an eye on it in the coming months.

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.

April Visa Bulletin and Guidance from Charlie Oppenheim

imagesThe April Visa Bulletin was released last week as was some additional guidance from Charlie Oppenheim of the Department of State.  I will go through the highlights below.

Family Based Immigration

F1 (Unmarried Sons and Daughters of US Citizens):  Most countries moved from June 1, 2010 to October 15, 2010, a fairly big jump.  The exceptions were Mexico (which moved about 1 week to May 22, 1995) and the Philippines (which moved forward one month to January 15, 2006)

F2A (Spouses and children of Permanent Residents): Most countries moved forward 1 month to June 8, 2015.  The only exception was Mexico, which also moved one month forward to May 22, 2015.

F2B (Unmarried Sons and Daughters of Permanent Residents): Most countries moved forward 1 month to September 15, 2010.  The only exceptions were Mexico (which moved forward 1 month to December 22, 1995) and the Philippines (which moved forward 1.5 months to June 15, 20016).

F3 (Married Sons and Daughters of US Citizens): Most countries moved forward about 3 weeks to May 15, 2005.  The only exceptions were Mexico (which moved forward about 2 weeks to January 8, 1995) and the Philippines (which moved forward about 1 week to September 15, 1994.

F4 (Siblings of US Citizens): Most countries moved forward about 2.5 months to May 8, 2004.  India moved forward only about 3 weeks to August 15, 2003.  Mexico moved forward about 2 weeks to June 15, 1997.  The Philippines moved forward about 1 month to September 8, 1993.

Charlie Oppenheim Guidance:  FB-1, FB-2 and FB-3 are expected to continue to advance at the same pace as this month in the future  because of the low rate at which applicants are becoming documentarily qualified. The FB-4 advancement in April was sufficient to meet Charlie’s target for this category for the next two to three months. This allowed the overall desired allocation level through April to be met, and should prevent excessive allocations once demand in the other categories increases those desired levels. No further advancement of FB-4 Worldwide is expected until July.

Employment Based Immigration

EB1: Current for all countries (but see guidance below for India and China)

EB2: Current for most countries.  China moved forward about 1 month to January 15, 2013 and India moved forward about 3 weeks to June 22, 2008.

Eb3: Worldwide numbers moved forward about two months to February 15, 2017. China moved forward about 5 months to August 15, 2014.  India moved forward 2 days to March 22, 2005 and the Philippines moved forward about 1 month to September 15, 2012.

Charlie Oppenheim Guidance:  

EB-1:  India has already used over 9,000 immigration visas in this category (its per country limit is 2,800) and China has used over 4,500.  There will be backlogs for both of these countries in this category in the near future.

EB-3: At some point Charlie expects there to be more demand for China EB-3 because of the downgrades from EB-2s.  However, to date, this demand has not materialized.  This is why he moved the final action date forward.  You may notice that the Date for Filing for EB-2 China is actually several months behind the Final Action Dates.  As USCIS is using the Final Action Dates, this date is irrelevant.  EB-3 Worldwide will continue to remain about 2 months behind being current.

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.

 

 

 

 

 

Update from Charlie Oppenheim on Visa Avalability

unknownAILA met with Charlie Oppenheim (the Department of State Employee in charge of the Visa Bulletin and determining Visa availability) on February 15th of this year.  Below is some of the information Charlie gave us.

EB-1:

According to Charlie, despite the high usage of this category, he is now expecting it to remain current for the Worldwide numbers.  However, as stated previously, he still feels that there will be cut off date imposed for China and India.  In contrast to his earlier prediction of having a cut off date imposed by June or July, he now believes it will be in August (or, perhaps, not at all).  Demand for EB-1s from Indian and Chinese persons has declined from October/November.  If this demand increases again, this may change.

EB-2 and EB-3 for China:

EB-2 will go up about 1 month next month, but EB-3 dates will move forward about 5 monhts.  This will put EB-3 for China about 15 months ahead of EB-2.  Demand for EB-3 is increasing, and the biggest increases usually occur in April and May, so there wil most likely be a retrograde in EB-3 for China at that time.

EB-2 and EB-3 for India:

EB-2 will move forward about 1 month.  As long as there is not significantly higher deman from EB-3 upgrades to EB-2, Charlie sees EB-2 for India moving forward about 1 month every month.

EB-2 and EB-3 Worldwide:

EB-2 is expected to remain current.  EB-3 will continue progressing quickly as demand is still low in this category.

India and China heading towards EB-1 Backlogs – November Check-In With Charlie Oppenheim on Visa Availability

Unknown.jpegThe American Immigration Lawyer’s Association recently met with Charlie Oppenheim of the Department of State about the upcoming year and what the trends look like in terms of immigrant visa availability.  Here is what Charlie said in regards to employment-based visas:

EB-1:

First, in terms of EB-1 Employment-based visas, India has ALREADY surpassed its country allocation for EB-1 visas and is currently using visas otherwise allocated to other countries.  China, while not quite as bad, is also coming close to using all its allocation.  This means that both India and China will be backlogged in the EB-1 category, and probably relatively soon.  EB-1 demand for all other countries is not as great, and there should be no backlogs for All other countries in this category

EB-2 and EB-3:

The final action date for EB-3 China is approximately ten months ahead of the EB-2 China final action date. This has actually been the case for the last few years and tends to spur greater demand for EB-3 China based on requests to “downgrade” from EB-2 China by filing a new I-140 petition based on an existing certified EB-2 labor certification.   Forward movement of the China EB-3 date has been limited because of the expected significant influx of “downgrade” demand, which resulted in retrogression in earlier years. If such demand fails to materialize in the coming months the date will begin to advance at a faster pace.

EB-2 India continues to receive significant demand, which Charlie attributes to EB-3 upgrades.Charlie hopes that this final action date will get into 2009 at some point this fiscal year, but  does not yet have a sense as to how quickly that might occur. There continues to be significant demand for EB-2 Worldwide, and if that continues, it will leave little, if any, otherwise unused numbers to reallocate to EB-2 India. In past years, EB-2 India has often benefitted from the addition of thousands of otherwise unused numbers not required for use by other countries. In terms of EB-3 India numbers, Charlie expects India to hold in January, advance up to one week in February, and hold again for a month or two before advancing modestly again.

Demand has also not abated for EB-2 Worldwide/Mexico/Philippines, causing Charlie to speculate that a date will be imposed no later than July. Charlie has been waiting for some time for demand to be generated in EB-3 Worldwide, which Charlie has been waiting for some time for demand to be generated in EB-3 Worldwide, which has generally been current for more than a year. Charlie is watching demand very closely, and though he has started to see an increase, it is unclear whether this demand will be sustained.

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.