EB2 for India and China Move to March 15, 2008

The U.S. Department of State (DOS) has issued the anxiously-awaited December 2011 Visa Bulletin. As predicted, the employment-based, second reference (EB2) cutoff date for December 2011 is advancing considerably. The EB2 cutoff for India and China is March 15, 2008, effective during the month of December 2011. This forward movement of the EB2 dates will allow many individuals who have been waiting for years to file their I-485 – the last stage of the permanent residence (“green card”) process. This summary of the December 2011 Visa Bulletin EB categories is for the benefit of our MurthyDotCom and MurthyBulletin readers.

Summary of Visa Bulletin

Employment-Based, First Preference (EB1)

This category is current for all countries of chargeability.

Employment-Based, Second Preference (EB2)

This category continues to be current for all countries of chargeability, other than India and China. The rapid forward movement in EB2 for India and China continues, with advancement of more than four months. The new cutoff date for both India and China is advancing to March 15, 2008 in December.

This movement was expected, and is consistent with our earlier predictions and the projections made by the DOS, which anticipated being able to move the cutoff date to at least March 1, 2008. The exact date was dependent upon the demand for visa numbers following the issuance of the November Visa Bulletin. This is explained in detail in our NewsBrief, Visa Bulletin Predictions: Significant EB2 Movement (28.Oct.2011).

The December 2011 Visa Bulletin does not make any further predictions regarding cutoff date movement in the EB categories. However, previous DOS predictions have indicated that EB2 India and China cutoff dates are expected to continue advancing in January and February. Ultimately, the rate of advancement always depends upon immigrant visa demand. This demand is generated by the filing of applications for adjustment of status (Form I-485), as well as immigrant visa applications for issuance of immigrant visas at U.S. consulates abroad.

Employment-Based, Third Preference (EB3)

The EB3 category is experiencing movement throughout the category, although, as would be expected, this movement is far less dramatic than the EB2 advancement. The cutoff date for the category of all chargeability areas except those listed, as well as Mexico and the Philippines, is moving by approximately three weeks, to January 15, 2006. India’s cutoff date is moving by slightly over a week, to August 1, 2002. China’s cutoff date is advancing to September 8, 2004.

Other Workers’ Category

The EB3 other workers category is advancing again, to a new cutoff date of January 1, 2006, for the categories of all chargeability areas except those listed, the Philippines, and Mexico. China’s cutoff date continues to be unchanged, at April 22, 2003. India’s cutoff date is advancing by over a month, to July 22, 2002.

Employment-Based, Fourth (EB4) and Fifth (EB5) Preferences

These categories remain current for all countries of chargeability.

Conclusion and Recommendation

Continued movement in EB2 is expected, as explained in previous NewsBriefs, available on MurthyDotCom. Those with priority dates that will be current in the near future should take the necessary steps to prepare their filings, verifying that they have proper documents and seeking legal advice, if required.

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