Background

The U.S. Department of State (DOS) has released its October 2014 Visa Bulletin. 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 status to permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided their priority dates are prior to the respective cutoff dates specified by the DOS.

What This Means for You

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.

Details Regarding the October 2014 Visa Bulletin

The bulletin shows slight forward movement in all EB (employment-based) preference categories, with the exception of the EB-2 India category, which remains unchanged due the high demand in this category.

EB-1: All remain current.

EB-2: The cutoff date for applicants in the EB-2 category chargeable to India remains unchanged at 5/01/2009. The cutoff date for applicants in the EB-2 category chargeable to China advances 38 days to 11/15/2009. The EB-2 category for all other countries remains current, meaning that applicants in the EB-2 category chargeable to all countries other than China and India may continue to file adjustment of status (AOS) applications or have applications approved through October 2014.

EB-3: The cutoff date for applicants in the EB-3 category chargeable to India advances 7 days to 11/15/2003. The cutoff date for applicants in the EB-3 category chargeable to China advances 151 days to 4/1/2009. The cutoff date for applicants in the EB-3 category chargeable to the Philippines, Mexico, and the worldwide category advances 6 months to 10/01/2011.

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

China: April 1, 2009 (moved forward by 151 days)
India: November 15, 2003 (moved forward by 7 days)
Mexico: October 1, 2011 (moved forward by 183 days)
Philippines: October 1, 2011 (moved forward by 183 days)
Rest of the World: October 1, 2011 (moved forward by 183 days)

NOTE that the September Visa Bulletin indicated that the use of potentially “otherwise unused” employment-based visa numbers prescribed by section 202(a)(5) of the Immigration and Nationality Act had allowed the cutoff date in the EB-2 India category to advance rapidly in recent months. The September Bulletin warned that continued forward movement of this cutoff date could not be guaranteed. The October Visa Bulletin indicates no movement of the cutoff date in the EB-2 India category in October in order to regulate demand. It further notes that increased demand will require the retrogression of the cutoff date, possibly in November, to hold number use within the fiscal year 2015 annual limit.

Developments Affecting the F2A Family-Sponsored Category

The cutoff date for F2A applicants from all countries advances slightly in October. The September Visa Bulletin indicated a cutoff date of April 22, 2012 for F2A applicants from Mexico. The October Visa Bulletin indicates a cutoff date of July 22, 2012, reflecting an advance of 91 days. This means that applicants from Mexico with a priority date prior to July 22, 2012 will be able to file AOS applications or have applications approved in October 2014.

The September Visa Bulletin indicated a cutoff date of January 1, 2013 for F2A applicants from all other countries. The October Visa Bulletin indicates a cutoff date of February 1, 2013, reflecting an advance of 31 days. This means that F2A applicants from all other countries with a priority date prior to February 1, 2013 will be able to file AOS applications or have applications approved in October 2014.

See the October 2014 Visa Bulletin at the DOS website.

The Law Office of Lisa McBee, LLC is providing the above for informational purposes only. This is not legal advice and should not be relied on to file for any immigration benefit.  This is merely intended to provide general information.