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NPZ Immigration Law Blog

Wednesday, April 15, 2015

VISA BULLETIN FROM DOS: THE MAY 2015 VISA BULLETIN IS OUT - IS YOUR PRIORITY DATE CURRENT?

The U.S. State Department (DOS) released the May 2015 Visa Bulletin. The major development in the May Visa Bulletin is a significant forward movement in EB-2 category for India and also for the EB-2 category for China. The EB-3 category for the Philippines moved back by seven (7) years and, as predicted, the EB-5 category forChina now has a cut-off date.

Summary of the May 2015 Visa Bulletin - Employment-Based (EB)

Below is a summary of the May 2015 Visa Bulletin with respect to the employment-based categories:

  • EB-1 remains current across the board.
  • EB-2 for ROW, Mexico and Philippines are all current. EB-2 India moves forward significantly by seven and a half (7.5) months to April 15, 2008. EB-2 China moves forward by fourteen (14) months to June 1, 2012.
  • EB-3 ROW and Mexico advance by three (3) months to January 1, 2015. EB-3 Philippines retrogresses by over seven (7) years back to July 1, 2007. EB-3 China moves forward by four (4) months to May 1, 2011 while EB-3 India advances by only one (1) week to January 15, 2004.
  • The "other worker" categories for ROW and Mexico advance by three (3) months to January 1, 2015 while Philippines retrogresses by over seven (7) years back to July 1, 2007. Other workers China moves forward by three (3) months to November 15, 2005 while India advances by only one (1) week to January 15, 2004.
  • EB-5 China now has a cutoff date of May 1, 2013.

    Summary of the May 2015 Visa Bulletin - Family-Based (FB)

    Below is a summary of the May 2015 Visa Bulletin with respect to some family-based categories:

  • FB-1 ROW, China and India move forward by two (2) weeks to August 15, 2007. FB-1 Mexico moves forward by one (1) week to November 8, 1994 while FB-1 Philippines remains unchanged at February 1, 2005.
  • FB-2A moves forward again, this month the forward movement is by one (1) month to September 1, 2013 for ROW, China, India and Philippines. It also moves forward by one (1) months to August 8, 2013 forMexico.

Another EB-2 India Significant Forward Movement

This month's Visa Bulletin brings another significant forward movement in EB-2 India of seven and a half months which is very similar to last month's eight-month forward movement. Overall, EB-2 India has advanced by well over two years over the last few months so this is certain a good sign. EB-2 India applicants with a priority date earlier than April 15, 2008 can now move forward with their applications (or expect approvals if they have already filed their I-485 applications).

The Department of State indicated that EB-2 India may move forward by four to six months per Visa Bulletin over the next few months so we expect the forward movement in EB-2 India over the next few months to be similarly moderate.

EB-2 China Advances Significantly; EB-3 China Moderate Forward Movement

EB-2 China continues to advance. In fact, this month's forward movement of 14 months is one of the more significant movements in EB-2 China for some time. EB-3 China also advances (after a significant retrogression last month) by four months.

EB-5 China Cut-off Date

Based on significant demand in the EB-5 category from Chinese Nationals, the DOS has introduced a cut-off date for EB-5 China. Further retrogression is also possible based on demand from Chinese Nationals in this category (which has been very strong).

EB-3 Philippines Major Retrogression

There is major retrogression in EB-3 and the "Other Workers" category for the Philippines. The cut-off dates for these categories may move back by over seven years - from October 2014 back to July 2007. This retrogression caused by high demand in this category.

It is important to note that EB-3/OW Philippines applicants who have a cut-off date which is current now and who would no longer be current as of May 1st to consider filing their I-485s immediately (if they are in the US) or take other steps to take advantage of the current priority date. EB-3/OW Philippines candidates who have a priority date between October 1, 2014 and July 1, 2007 will be impacted.

Is Your Priority Date Current?

If your Priority Date is current the VISASERVE TEAM is ready, willing and able to assist you to take advantage of a current (or close to current) priority date. Applicants whose priority dates are current as of the May 2015 Visa Bulletin may be eligible to process their (and their family members') I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad. For more information, please do not hesitate to contact us.

 


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