Employment-Based Preference Categories. Increased demand across the employment-based preferences, including EB-4 and EB-5, has significantly decreased the “otherwise unused numbers” which have traditionally trickled up to EB-1 and potentially down to EB-2. For example, in FY 2016, Special Immigrant Juvenile cases used more than 50% of the entire EB-4 annual limit, thus preventing many of those 5,200 numbers to potentially become available for use by EB-1 applicants. This, together with high EB-1 Worldwide demand, has contributed to a situation where EB-1 India and EB-1 China now have a final action cut-off date, and in which EB-2 China and EB-2 India number usage is restricted to their annual limits. This is creating significant pressure on these categories that is not likely to abate in the foreseeable future.
In 2014, EB-2 India used approximately 23,500 numbers due to the slightly higher employment annual limit and the infusion of otherwise unused numbers from other categories. By contrast, EB-2 India number use will be subject to its annual limit of 2,803 numbers in FY 2017. As demand across employment based preference categories continues to grow, and absent reform, members can expect to see continued pressure on China and India in the EB-1 and EB-2 categories.
EB-1 China and EB-1 India. As predicted, a final action date of January 1st, 2012 is being imposed for EB-1 China and EB-1 India which have already used almost half of the entire EB-1 Worldwide limit for this fiscal year. This date is expected to hold through the remainder of this fiscal year. It is hoped that the final action date for EB-1 China and EB-1 India will return to current on October 1st, as it did last year, but DOS will continue to monitor demand in these categories over the summer months. EB-1 Worldwide is expected to remain current through this fiscal year and into the next.
EB-2 Worldwide. For several months, DOS has observed high EB-2 number usage, and is now certain that a final action cut-off date will be imposed for EB-2 Worldwide by August, and possibly in July. DOS hopes that the date imposed will not be too drastic, and will determine that date based upon the remaining numbers and the monthly demand trend. In the worst case scenario, the date will remain the same through the end of the fiscal year but depending on demand, it is possible that the date could advance slightly in September. DOS is confident that this period of retrogression will be brief, and that the category will again become current on October 1st.
EB-2 India. Demand for EB-2 India continues to be strong, in large part due to EB-3 upgrades. As noted above, the supply of visas in this category is limited to the per country limit. Although EB-2 India will advance slightly in June, DOS no longer believes this category will recover to last year’s final action date. DOS hopes to hold the existing final action date through the remainder of the fiscal year but will be watching this category closely.
EB-2 China and EB-3 China. EB-2 China will advance less than one month to March 1st, 2013 in June, and EB-3 China’s final action date of October 1st, 2014 continues to hold steady in June. DOS expects EB-2 China to continue to advance slowly and notes that it is on track to hit the per country limit. In addition, EB-3 downgrade volume has started to materialize in large numbers. DOS hopes to hold the EB-3 China final action date as long as possible, but retrogression of this category cannot be ruled out. Since DOS lacks visibility into downgrade demand until a visa number is requested, members should continue to watch this category closely.
EB-3 Worldwide. EB-3 Worldwide will advance by one month to April 15th, 2017 in June, making this category effectively current. DOS expects this category to continue to advance.
EB-3 India. In June, EB-3 India will leap forward from March 25th, 2005 to May 15th, 2005. Since EB-3 Worldwide and Mexico