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EB-2 INDIA AND EB-3 CHINA CUT-OFF DATES ADVANCE SIGNIFICANTLY IN FEBRUARY –
FURTHER ADVANCES LIKELY IN COMING MONTHS
The U.S. Department of State has published the Monthly Visa Bulletin for
February 2015, announcing significant advances in visa availability under
the EB-2 preference category for applicants born in India, the EB-3
preference category for applicants born in China, and the EB-3 preference
category for applicants born in all countries other than India and China.
Beginning February 1, 2015, EB-2 applicants born in India with a priority
date earlier than September 1, 2005, may file Applications to Adjust Status
with U.S. Citizenship & Immigration Services (CIS), or have their pending
applications approved. Applicants seeking to apply for their immigrant visas
through an appropriate U.S. consulate abroad should also see their pending
cases move forward through the National Visa Center and the designated
consular post. The advance to a September 1, 2005 "cut-off date" is an
advance of six months from the cut-off date posted in the January Visa
Bulletin.
Also beginning February 1st, EB-3 applicants born in China with a priority
date earlier than September 1, 2011, may proceed with their applications.
This represents a six-month advance in the cut-off date. EB-3 applicants
born in countries other than India and China may now proceed with their
applications if their priority date is earlier than January 1, 2014, which
represents a full one-year advance in the cut-off date.
EB-2 and EB-3 China Forecast
EB-2 China advanced six weeks under the February Visa Bulletin, with a new
cut-off date of March 15, 2010. The modest advance for EB-2 China in
comparison to EB-3 China creates the opportunity for EB-2 China applicants
to potentially reduce their wait for permanent residency by filing an
Immigrant Visa Petition under the EB-3 category.
The Department of State has indicated that the more rapid movement under the
EB-3 China category could continue for the next few months. However, the
prospect of "down-grades" to EB-3 would likely increase the demand under the
EB-3 China category while simultaneously reducing the demand under the EB-2
China category, as applicants formerly in the EB-2 line ultimately file
applications and gain permanent residency under the EB-3 line.
This simultaneous and opposite shift in demand under the EB-2 and EB-3
categories should work to even out the demand under the two categories over
a period of time, which may mean there is a relatively short window of
opportunity to take full advantage of the "EB-3 down-grade" option.
According to the Department of State, the EB-3 China category may reach a
cut-off date well into 2012, before the demand under EB-2 and EB-3 finally
even off. This means that applicants with priority dates in 2012 may wish to
proceed with EB-3 petition filings at this time in order to position
themselves to file Applications to Adjust Status in the coming months should
their priority dates become current under the scenarios currently
anticipated by the Department of State.
EB-2 India Forecast
The Department of State has also indicated that visa availability will
likely advance significantly under the EB-2 India category in the coming
months, possibly even 4-6 months in each Monthly Visa Bulletin, until likely
reaching a date in 2009, by the end of the fiscal year. Applicants with
priority dates before May 2009, who have not already begun to collect
documents such as birth certificates or affidavits of birth should do so now
in anticipation of potentially being able to file Applications to Adjust
Status this spring or summer.
EB-5 China Forecast
Due to the significant volume of Chinese investor applications, the
Department of State expects to establish a cut-off date under the EB-5 China
category in the coming months, no later than the summer. It is possible
that the retrogression could be up to two years, meaning applicants would
need a priority date earlier than summer 2013 in order to file or be
approved for permanent residency.
FURTHER ADVANCES LIKELY IN COMING MONTHS
The U.S. Department of State has published the Monthly Visa Bulletin for
February 2015, announcing significant advances in visa availability under
the EB-2 preference category for applicants born in India, the EB-3
preference category for applicants born in China, and the EB-3 preference
category for applicants born in all countries other than India and China.
Beginning February 1, 2015, EB-2 applicants born in India with a priority
date earlier than September 1, 2005, may file Applications to Adjust Status
with U.S. Citizenship & Immigration Services (CIS), or have their pending
applications approved. Applicants seeking to apply for their immigrant visas
through an appropriate U.S. consulate abroad should also see their pending
cases move forward through the National Visa Center and the designated
consular post. The advance to a September 1, 2005 "cut-off date" is an
advance of six months from the cut-off date posted in the January Visa
Bulletin.
Also beginning February 1st, EB-3 applicants born in China with a priority
date earlier than September 1, 2011, may proceed with their applications.
This represents a six-month advance in the cut-off date. EB-3 applicants
born in countries other than India and China may now proceed with their
applications if their priority date is earlier than January 1, 2014, which
represents a full one-year advance in the cut-off date.
EB-2 and EB-3 China Forecast
EB-2 China advanced six weeks under the February Visa Bulletin, with a new
cut-off date of March 15, 2010. The modest advance for EB-2 China in
comparison to EB-3 China creates the opportunity for EB-2 China applicants
to potentially reduce their wait for permanent residency by filing an
Immigrant Visa Petition under the EB-3 category.
The Department of State has indicated that the more rapid movement under the
EB-3 China category could continue for the next few months. However, the
prospect of "down-grades" to EB-3 would likely increase the demand under the
EB-3 China category while simultaneously reducing the demand under the EB-2
China category, as applicants formerly in the EB-2 line ultimately file
applications and gain permanent residency under the EB-3 line.
This simultaneous and opposite shift in demand under the EB-2 and EB-3
categories should work to even out the demand under the two categories over
a period of time, which may mean there is a relatively short window of
opportunity to take full advantage of the "EB-3 down-grade" option.
According to the Department of State, the EB-3 China category may reach a
cut-off date well into 2012, before the demand under EB-2 and EB-3 finally
even off. This means that applicants with priority dates in 2012 may wish to
proceed with EB-3 petition filings at this time in order to position
themselves to file Applications to Adjust Status in the coming months should
their priority dates become current under the scenarios currently
anticipated by the Department of State.
EB-2 India Forecast
The Department of State has also indicated that visa availability will
likely advance significantly under the EB-2 India category in the coming
months, possibly even 4-6 months in each Monthly Visa Bulletin, until likely
reaching a date in 2009, by the end of the fiscal year. Applicants with
priority dates before May 2009, who have not already begun to collect
documents such as birth certificates or affidavits of birth should do so now
in anticipation of potentially being able to file Applications to Adjust
Status this spring or summer.
EB-5 China Forecast
Due to the significant volume of Chinese investor applications, the
Department of State expects to establish a cut-off date under the EB-5 China
category in the coming months, no later than the summer. It is possible
that the retrogression could be up to two years, meaning applicants would
need a priority date earlier than summer 2013 in order to file or be
approved for permanent residency.