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The U.S. Department of State (DOS) has released its January 2015 Visa Bulletin (see below explanation and the below chart). The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the December 2014 Visa Bulletin in its entirety, please visit the DOS website.

The Bulletin shows the following: 

Employment-Based Categories:

EB-1 Category: All EB-1 categories remains current.

EB-2 Category:

Cutoff dates in the EB-2 India category did not move and remains severely backlogged to February 15, 2005.

The cutoff date for applicants in the EB-2 category chargeable to China advances to February 1, 2010.

The EB-2 category for all other countries remains current.

Trend for Mexico, the Philippines, and the rest of the world: The EB-2 category for applicants chargeable to all countries other than China and India has been current since November 2012. The January Bulletin indicates no change to this trend, meaning that applicants in the EB-2 category chargeable to all countries other than China and India may continue to file AOS applications or have applications approved through January 2015.

Trend for China: The December Visa Bulletin indicated a cutoff date of January 1, 2010 for EB-2 applicants chargeable to China. The January Visa Bulletin indicates a cutoff date of February 1, 2010, reflecting forward movement of 31 days. This means that applicants in the EB-2 category chargeable to China with a priority date prior to February 1, 2010 may file AOS applications or have applications approved in January 2015.

Trend for India: The cutoff date for EB-2 applicants chargeable to India remains at February 15, 2005. This means that only applicants in the EB-2 category chargeable to India with a priority date prior to February 15, 2005 may file AOS applications or have applications approved in January 2015.

EB3 Category:

The cutoff date for applicants in the EB-3 category chargeable to India advances 14 days to December 15, 2003.

The cutoff date for applicants in the EB-3 category chargeable to China advances 9 months to March 1, 2011, which is ahead of the cutoff date for EB-2 China.

The cutoff date for applicants in the EB-3 category chargeable to the Philippines, Mexico, and the rest of the world advances 7 months to June 1, 2013.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: March 1, 2011 (forward movement of 273 days)
India: December 15, 2003 (forward movement of 14 days)
Mexico: June 1, 2013 (forward movement of 213 days)
Philippines: June 1, 2013 (forward movement of 213 days)
Rest of the World: June 1, 2013 (forward movement of 213 days)

Trend for China: The December Visa Bulletin indicated a cutoff date of June 1, 2010. The January Visa Bulletin shows a cutoff date of March 11, 2011, a forward movement of 9 months.  This means that applicants in the EB-3 category chargeable to China with a priority date prior to March 1, 2011 may file AOS applications or have applications approved in January 2015.

Trend for India: The December Visa Bulletin indicated a cutoff date of December 1, 2003. The January Visa Bulletin advances slightly with a cutoff date of December 15, 2003, reflecting forward movement of 14 days. This means that EB-3 applicants chargeable to India with a priority date prior to December 15, 2003 may file AOS applications or have applications approved in January 2015.

Trend for the rest of the world: The December Visa Bulletin indicated a cutoff date of November 1, 2012 for EB-3 applicants chargeable to the rest of the world. The January Visa Bulletin indicates a cutoff date of June 1, 2013, reflecting forward movement of 213 days. This means that applicants in the EB-3 category chargeable to the rest of the world with a priority date prior to June 1, 2013 may file AOS applications or have applications approved in January 2015.

Family Based Categories:

F2A Trend for Mexico:  The December Visa Bulletin indicated a cutoff date of January 1, 2013 for F2A applicants from Mexico. The January Visa Bulletin indicates a cutoff date of February 22, 2013, reflecting a forward movement of 43 days. This means that applicants from Mexico with a priority date prior to February 22, 2013 will be able to file AOS applications or have applications approved in January 2015.

F2A Trend for all other countries:  The December Visa Bulletin indicated a cutoff date of March 22, 2013 for F2A applicants from all other countries. The January Visa Bulletin indicates a cutoff date of April 15, 2013, reflecting forward movement of 21 days. This means that F2A applicants from all other countries with a priority date prior to April 15, 2013 will be able to file AOS applications or have applications approved in January 2015.

The DOS Visa Office predicts the following movement in the next three months:

F2A Family-Sponsored Category:  The cutoff date in the F2A category will likely advance by three to five weeks per month.

Employment-Based Second Preference Category: The worldwide category will likely remain current. The cutoff date in the EB-2 China category will likely advance by three to five weeks per month. The cutoff date in the EB-2 India category will likely remain unchanged.

Employment-Based Third Preference Category: The cutoff date in the EB-3 worldwide category will continue to advance rapidly for the next several months. Demand is expected to increase significantly, at which point, the cutoff dates will be adjusted accordingly. The cutoff date in the EB-3 China category is expected to advance rapidly in the next few months. Demand is expected to increase and may result in adjustments to the cutoff date by February 2015. The cutoff date in the EB-3 India category will advance little, if at all. The cutoff date in the EB-3 Mexico category will remain at the worldwide date. The cutoff date in the EB-3 Philippines category will remain at the worldwide date. Increased demand in this category may result in adjustments to the cutoff date later in the fiscal year.

 

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 08JUL07 08JUL07 08JUL07 15SEPT94 22DEC04
F2A 15APR13 15APR13 15APR13 22FEB13 15APR13
F2B 01APR08 01APR08 01APR08 01NOV94 01FEB04
F3 22DEC03 22DEC03 22DEC03 15DEC93 08JUL93
F4 22MAR02 22MAR02 22MAR02 22MAR97 15JUL91

 

Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01FEB10 15FEB05 C C
3rd 01JUN13 01MAR11 15DEC03 01JUN13 01JUN13
Other Workers 01JUN13 22JUL05 15DEC03 01JUN13 01JUN13
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
EmploymentAreas/
Regional Centers
and Pilot Programs
C C C C C