Make a Payment 
<a href="https://secure.blueoctane.net/forms/E8TLX753GRBB">Click Here To Load This Formexperts.com Form</a>
Share

NPZ Immigration Law Blog

Thursday, June 4, 2015

The June Visa Bulletin had some good news and some bad news.

Another EB-2 India Significant (but Slowing) Forward Movement

This month's Visa Bulletin brings another significant forward movement in EB-2 India of five and a half months which is a bit less than last two months' forward movements of about eight months. , EB-2 India has by about three years over the last few months so this is certain a good sign. EB-2 India applicants with a priority date earlier than October 1, 2008 can now move forward with their applications (or expect approvals if they have already filed their I-485 applications). However, it should be noted that the rate of forward movement is slowing down, suggesting that the Department of State may be trying to account for increasing demand in new filings and approvals in EB-2 India.

Check-in with DOS's Charlie Oppenheim: May 14, 2015

Worldwide EB-2. The demand in this category has exploded, far exceeding the historical pattern of the previous five months. There was an 80% increase in demand from February to March, and demand increased more than 100% in April as compared to February. The Visa Office had no advance notice that this demand would materialize, or whether it will be sustained. Despite this unanticipated surge in worldwide EB-2 demand, it is expected that this category will remain current.

While the increase in demand will not impact worldwide EB-2 applications, it will negatively impact EB-2 India in that fewer unused worldwide numbers are likely to be available for EB-2 India. Earlier in the year, Charlie expected that he would be able to advance EB-2 India to July or August 2009 by the end of the fiscal year. That may not be possible now, given the uptick in worldwide usage.

EB-2 and EB-3 China. Demand in EB-2 China has been low and may result in numbers falling down to EB-3 China. In recent months, the China EB-2 cut-off date has been advanced by almost three years. It is hoped that this will spur demand, although it is unclear whether cases can be processed by the end of the fiscal year. Earlier when the cut-off date for China EB-3 was advanced due to insufficient number use, it prompted EB-2s to downgrade to EB-3. Charlie has no visibility as to upgrades or downgrades as no data is available until final action occurs. He continues to watch EB-2 and EB-3 demand very closely.

EB-5 China. The cut-off date of May 1, 2013 that was imposed last month will remain for June. Charlie continues to watch demand for EB-5 China and has no additional predictions for the category at this time. Applicants continue to become documentarily qualified and the level of demand in May was within his targeted projections for June number use. There is huge demand in terms of petitions pending final action at USCIS as well as approved petitions which are already at the NVC. It must be remembered that not all cases with a priority date earlier than May 1, 2013 have been processed to conclusion.

Philippines EB-3 and "Other Worker" Categories. Heavy demand in these categories persists and further corrective action may be necessary before the end of the fiscal year. Like the dramatic increase in worldwide EB-2 demand, the use of more than 2,000 numbers during a two month period was totally unexpected based on USCIS demand from the past year.

Mexico FB-4. This category had a larger number of applicants with early priority dates who were documentarily qualified which prompted Charlie to retrogress this category slightly to March 1, 1997.

Questions:

QUESTION 1: What are your thoughts about the interplay between priority date movement and the validity of medical examinations? In categories that tend to advance and retrogress with some frequency (i.e., EB-2 India), it appears that when the cut-off dates are advanced, it takes USCIS 2 to 3 months to get to a particular case, then it issues an RFE for a new medical examination, then the dates retrogress.

ANSWER: The Visa Office is aware that medical exams have limited validity and U.S. Citizenship and Immigration Services (USCIS) shares information regarding the number of pending EB-2 India adjustment of status applications.

Number use during the first six months of the last fiscal year suggested that a significant number of "otherwise" unused EB-1 and EB-2 numbers would be provided to EB-2 India. Therefore, best and worst case scenarios were provided to USCIS regarding the cut-off which might be achieved for FY2014, and USCIS used that information in deciding whether to issue RFEs. The EB-2 India cut-off date advanced very rapidly from July through September, reaching May 1, 2009. Although the worst case scenario cut-off date was surpassed, subsequent increases in EB-1 and EB-2 number use during the summer months did not allow the best case scenario to be achieved. Much of that increase was the result of EB-3 India cases being upgraded to EB-2. The Visa Office has no information regarding the demand that may result from such upgrades until that change is actually reported by USCIS.

The May 1, 2009 cut-off date was held for October, the first month of the new fiscal year, in an attempt to allow final action to occur on cases which had become eligible for processing during the summer months. It was then necessary to retrogress the cut-off date for November in order to limit number use under the FY2015 limits. After discussing the issue with USCIS, the Visa Office decided to begin advancing the cut-off date for EB-2 India much earlier in the fiscal year than in previous years. The hope was that this would provide sufficient time for I-485s that were filed last year to be processed to conclusion prior to the expiration of the medical exams, and provide additional time for those who would be filing this year.

One by-product of the earlier rapid movement of EB-2 India was that the surge in EB-3 to EB-2 upgrades began much earlier than in years past. The Visa Office could not predict volume of demand for upgrades, or the rate at which the increase in demand would be realized. The amount of demand, combined with a staggering increase in overall EB-2 number use during the past two months, will likely slow the advancement of EB-2 India through the rest of the fiscal year. If the March/April demand turns out to be a temporary aberration and demand returns to that which we experienced from October to February, movement of the EB-2 India cut-off date could be more favorable.

QUESTION 2: What can we expect in the coming months for FB-2A for "All Chargeability Areas?"

ANSWER: The worldwide FB-2A category is expected to continue to advance slowly. It has been advancing a little faster to maximize number use during the first three quarters of the fiscal year. There may be a slight slow-down as we move into the final quarter.

Archived Posts

2017
August
July
June
Veto migratório de Trump entra em vigor parcialmente esta noite
TRUMP'S TRAVEL BAN 2.0 GOES INTO EFFECT TODAY (6/29/2017) NIGHT
Will NAFTA be Trumped? by Veronique Malka
ICLE immigration law panel for the immigration basics program given at the loss center in New Brunswick
USCIS Introduces New I-485 Form
Cuidados que estudantes com o visto F-1 precisam ter nas férias
Promoting Cultural Exchange with a J-1 Visa
VISA BULLETIN UPDATE FROM DOS: June 13, 2017
Visto P-3, o visto para artistas e profissionais do mundo do entretenimento
Intercâmbio Cultural com o visto J-1
Exploring the P-3 Visa for Artists or Entertainers in a Culturally Unique Program
IIFA FESTIVAL 2017 ANOTHER REASON TO LOVE NEW YORK! NEW YORK IIFA EVENT 2017! . . . JULY 14TH & 15TH!
Governo Trump anula programa criado por Obama para proteger imigrantes ilegais cujos filhos estão em situação regular nos EUA
Yeni Girişimci Şartlı Tahliye Kuralları 15 Temmuz 2017'de geçerli.
Why Every Immigrant Needs a Lawyer
YEŞİL KART'IN AİLE SPONSORLUĞUYLA YAPILMASI: ABD'ye Göç Etmek İçin Bir Yol
GÖÇMENLİK ÜZERİNE BAŞKANLIK EMİRLERİ
COMO AGIR AO SER ABORDADO POR UM AGENTE DE IMIGRAÇÃO
Departamento do Trabalho dos EUA adota medidas para ampliar proteção aos americanos
Como migrar do visto de turista ou de negócios para o visto de estudante
A Look at the O-1B Artist Visa
La Nouvelle Dérogation pour les Entrepreneurs prendra effet le 15 juillet 2017.
Turistas podem verificar via site o prazo limite de sua permanência nos EUA
DOL updates: US SECRETARY OF LABOR PROTECTS AMERICANS, DIRECTS AGENCIES TO AGGRESSIVELY CONFRONT VISA PROGRAM FRAUD AND ABUSE
CBP Reminds Travelers of Departure Date with New I-94 Website Feature
O visto EB-5 como alternativa ao H-1B
Imigrantes ilegais que trabalham no campo estão na mira do governo americano
May
Check Out the Redesigned Stakeholder Webinars Page
DHS UPDATE: One Year of the 24-month STEM OPT Extension
DHS UPDATE: B-1/B-2 Visitors Who Want to Enroll in School
DHS UPDATE: Summer Vacation Reminders for F-1 Students
Saiba como solicitar o green card no caso de casamento
Nova regra para empreendedores estrangeiros nos EUA entra em vigor em 15 de julho
As the H-1B Visa is Dismantled, Indian Immigrants Look to the EB-5 Visa
Illegal Farm Workers Fear Immigration Crackdown
Mudanças nas regras do visto H1B e a anatomia das auditorias do governo
VISAS MANTIS and Implications for Trump’s “Extreme Vetting”
DOS UPDATE: VISA BULLETIN FOR JUNE 2017
ANÁLISE: As ordens executivas de Trump sobre imigração
Obtaining a Green Card Through Marriage
Estrangeiros vítimas de certos crimes nos EUA têm direito ao chamado Visto U
The New Entrepreneur Parole Rule will be Effective on July 15, 2017.
EXECUTIVE ORDERS ON IMMIGRATION: An Analysis on the Present State of President Trump’s Travel Ban Attempts By: Snehal Batra, Esq.
ANATOMY OF H-1B AUDITS AND INVESTIGATIONS
Green Card por meio de relação familiar
EUA começam a devolver petições para o visto H1B que não foram selecionadas
USCIS: Cap Gap for Students Without a H-1B Application Rejection or Decision
Amor a la “Green Card” no Canadá
GETTING THE GREEN CARD THROUGH FAMILY SPONSORSHIP: One Way To Immigrate to the U.S.
Trabalhadores religiosos podem obter visto específico para os EUA
IMMIGRATION LAWYER VERONIQUE MALKA GIVES INTERVIEW ON NATIONAL RADIO ABOUT THE EFFECTS ON CANADIAN IMMIGRATION FOLLOWING THE TRUMP ELECTION.
Love à La “Green Card” - Canada Immigration
COMUNICADO OFICIAL: DHS cria escritório para vítimas de crimes praticados por imigrantes ilegais
April
Will the U.S. Extend Temporary Protected Status for Eligible Haitians?
Boletim do Departamento de Estado dos EUA para Maio de 2017
DOS UPDATE: VISA BULLETIN FOR MAY 2017
SPIRITUAL ENLIGHTENMENT AND U.S. IMMIGRATION: Understanding the Religious Visa (R Visa).
DHS Announces Launch of new Office for Victims of Illegal Immigrant Crime
Mudança recente no credenciamento de escolas e faculdades nos EUA afeta vistos de alguns estudantes
USCIS UPDATE: Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs Affected by the ACICS Loss of Accreditation
H-1B GÖÇMEN OLMAYAN ÇALIŞMA VİZESİ GÜNCELLEMESİ: USCIS (Amerika Vatandaşlık ve Göçmenlik Ofisi), 2018 Yılı H-1B Cap Rastlantısal Seçim Sürecini Tamamladı
USCIS, Yeniden Tasarlanmış Yeşil Kartlar ve Çalışma İzin Belgelerini Yayımlıyor
GOVERNO DOS EUA LANÇA NOVAS VERSÕES DO GREEN CARD E DO DOCUMENTO DE AUTORIZAÇÃO DE TRABALHO
ATUALIZAÇÃO SOBRE O VISTO DE TRABALHO H-1B: USCIS conclui processo de seleção via loteria para o ano fiscal de 2018
Esclarecimentos sobre os procedimentos de deportação
USCIS Reminds Beneficiaries of Temporary Protected Status for Guinea, Liberia, and Sierra Leone of May 21 Termination
USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents
H-1B NONIMMIGRANT WORK VISA UPDATE: USCIS Completes the H-1B Cap Random Selection Process for FY 2018
Immigration Arrests Double in Just 11 Years
THERE HAS BEEN A RECENT INCREASE IN IMMIGRATION ENFORCEMENT ACTIONS: What Defenses Are Available to Persons Facing Deportation?
Alvos das ações do ICE
o Departamento do Trabalho dos EUA, por meio da Divisão de Salário e Horas (WHD), continua promovendo auditorias e investigações relacionadas ao visto H-1B
Barreiras de três e dez anos: Como novas regras ampliam elegibilidade para pedido de perdao
O NPZ LAW GROUP CONTINUA A INCENTIVAR QUE EMPREGADORES QUE SOLICITAM OS VISTOS H-1B E L-1 ENTENDAM AS VISITAS AO LOCAL DE TRABALHO FEITAS PELO FDNS REFERENTES AOS VISTOS H-1B E L-1
H-1B NONIMMIGRANT WORK VISA UPDATE: With a Looming Cloud of Anticipated Investigations, Audits and Site Visits, USCIS Reaches FY 2017-2018 H-1B Cap.
USCIS ALERT: BATTLING FRAUD AND ABUSE IN THE H-1B VISA PROGRAM.
WHAT IF MY CASE DID NOT GET CHOSEN IN THE H-1B LOTTERY: EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP [i] (PART VII of an VIII Part Series)
Justice Department Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. Workers
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON MAY BE THE KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S.
THE NEW EXPRESS ENTRY SYSTEM EXPLAINED
"Know Before You Go": NPZ Law Group Helps Ease The Stress of Holiday Travel For Certain Foreign Nationals.
5 Cosas que se deben saber sobre cómo las acciones del Presidente Obama impactarán a Inmigrantes Indocumentados.
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte I)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte II)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte III)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte IV)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte V)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte VI)
EL RECIENTE ANUNCIO DEL PRESIDENTE OBAMA SOBRE LA RESPONSABILIDAD INMIGRACIÓN PRESENTA MUCHOS BENEFICIOS PARA MUCHAS COMUNIDADES DE INMIGRANTES!
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part VI)
PRESIDENT OBAMA'S RECENT ANNOUNCEMENT ABOUT IMMIGRATION ACCOUNTABILITY PRESENTS MANY BENEFITS FOR MANY IMMIGRANT COMMUNITIES!
November
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part IV)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part V)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part I)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part II)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part III) Changes to Provisional Waivers and "Extreme Hardship Definition.
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part IV)
5 Things to know about how President Obama's Actions Impacts Undocumented Immigrants.
Programa de Refugiados y de Admisión Condicional para menores de edad de El Salvador, Guatemala y Honduras con padres legalmente presentes en los Estados Unidos.
ÚLTIMAS NOTICIAS DE INMIGRACIÓN EN LOS ESTADOS UNIDOS: Reforma Integral de Inmigración.
USCIS Expands the Definition of "Mother" and "Parent" to Include Gestational Mothers Using Assisted Reproductive Technogy (ART)
U.S. IMMIGRATION NEWS FLASH: President Obama Announces Administrative Relief for Immigrants in the U.S.
In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States
October
September
August
July
June
May
April
March
February
January
2013
December
November
October
September
August
July
June
May
April
March
February
January


National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around world. Regionally, our attorneys remain committed to serving the immigration needs of businesses in the Tri-state area and the Hudson Valley, including residents of Ridgewood, Newark, and Jersey City, Burlington County, Bergen County, Camden County, Cumberland County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Morris County, Passaic County, Salem County, Union County, northern New Jersey, southern New Jersey, central New Jersey, NJ; New York City, Rockland County, Orange County, Westchester County, Kings County, Sullivan County, Ulster County, New York, NY; Chicago, Illinois, IL; and Toronto and Montreal, Canada. Our nationwide practice focused on quality legal representation and personal service.



© 2017 NPZ Law Group | Disclaimer
487 Goffle Road , Ridgewood, NJ 07450
| Phone: 866-599-3625

About | Attorneys | Types of Visas | Resources | Testimonials | Types of Immigration Law | Services

Law Firm Website Design by
Amicus Creative