The U.S. Department of State (DOS) has released its December 2014 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 Visa Bulletin webpage.

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 does 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 January 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 December 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 December 2014.

Trend for China: The November Visa Bulletin indicated a cutoff date of December 8, 2009 for EB-2 applicants chargeable to China. The December Visa Bulletin indicates a cutoff date of January 1, 2010, reflecting forward movement of 23 days. This means that applicants in the EB-2 category chargeable to China with a priority date prior to January 1, 2010 may file AOS applications or have applications approved in December 2014.

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 December 2014.

EB3 Category:

The cutoff date for applicants in the EB-3 category chargeable to India advances seven days to December 1, 2003.

The cutoff date for applicants in the EB-3 category chargeable to China advances five months to June 1, 2010, which is now 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 five months to November 1, 2012.

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

China: June 1, 2010 (forward movement of 152 days)
India: December 1, 2003 (forward movement of 7 days)
Mexico: November 1, 2012 (forward movement of 153 days)
Philippines: November 1, 2012 (forward movement of 153 days)
Rest of the World: November 1, 2012 (forward movement of 153 days)

Trend for China: The November Visa Bulletin indicated a cutoff date of January 1, 2010. The December Visa Bulletin remains unchanged, with a cutoff date of June 1, 2010. This means that applicants in the EB-3 category chargeable to China with a priority date prior to June 1, 2010 may file AOS applications or have applications approved in December 2014.

Trend for India: The November Visa Bulletin indicated a cutoff date of November 22, 2003. The December Visa Bulletin indicates a cutoff date of December 1, 2003, reflecting forward movement of seven days. This means that EB-3 applicants chargeable to India with a priority date prior to December 1, 2003may file AOS applications or have applications approved in December 2014.

Trend for the rest of the world: The November Visa Bulletin indicated a cutoff date of June 1, 2012 for EB-3 applicants chargeable to the rest of the world. The December Visa Bulletin indicates a cutoff date of November 1, 2012, reflecting forward movement of 153 days. This means that applicants in the EB-3 category chargeable to the rest of the world with a priority date prior to November 1, 2012 may file AOS applications or have applications approved in December 2014.

Family Based Categories:

F2A Trend for Mexico:  The November Visa Bulletin indicated a cutoff date of September 22, 2012 for F2A applicants from Mexico. The December Visa Bulletin indicates a cutoff date of January 1, 2013, reflecting a forward movement of 75 days. This means that applicants from Mexico with a priority date prior to January 1, 2013 will be able to file AOS applications or have applications approved in December 2014.

F2A Trend for all other countries:  The November Visa Bulletin indicated a cutoff date of March 1, 2013 for F2A applicants from all other countries. The December Visa Bulletin indicates a cutoff date of March 22, 2013, reflecting forward movement of 21 days. This means that F2A applicants from all other countries with a priority date prior to March 22, 2013 will be able to file AOS applications or have applications approved in December 2014.

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 22JUN07 22JUN07 22JUN07 15AUG94 15DEC04
F2A 22MAR13 22MAR13 22MAR13 01JAN13 22MAR13
F2B 22FEB08 22FEB08 22FEB08 01OCT94 15JAN04
F3 15DEC03 15DEC03 15DEC03 15NOV93 22JUN93
F4 22FEB02 22FEB02 22FEB02 01MAR97 01JUN91

 

Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JAN10 15FEB05 C C
3rd 01NOV12 01JUN10 01DEC03 01NOV12 01NOV12
Other Workers 01NOV12 22JUL05 01DEC03 01NOV12 01NOV12
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