December 2013 Visa Bulletin

The December 2013 Visa Bulletin has been published by the U.S. State Department. As we previously predicted, the Employment-Based categories for India have had some major changes. The main developments to highlight are retrogression in the EB2-India category and the advancement of cutoff dates for the ROW EB-3 category.

December 2013 Visa Bulletin-Family Based:

• FB-1: The category moves forward again for the ROW, India, and China. The listed countries advance three weeks ahead to November 15, 2006, however, Mexico and the Philippines remain unchanged. The cutoff date for Mexico stays at September 22, 1993. The Philippines remains at July 1, 2001.   
• FB-2A: All countries continue to remain unchanged. The cutoff date is still September 8, 2013.
• FB-2B: All the countries move ahead except Mexico which remains at April 1, 1994. The ROW, China, and India advance by five weeks to May 1, 2006. The Philippines moves 3 weeks ahead to March 22,2003.

December 2013 Visa Bulletin- Employment Based:

• EB-1: Continues to remain current.
• EB-2: The ROW, Philippines, and Mexico remain current. China moves ahead by one month to November 8, 2008. However, EB-2:India category takes a major decline and is set three years and seven months back. The new cutoff date for India is November 15, 2004.
• EB-3: There is good news for the ROW, China, and Mexico. The cutoff date has quickly advanced one year ahead, which places the new cutoff date at October 1, 2011. The Philippines have advanced three weeks to January 8, 2007. Unfortunately, India falls back by three weeks to September 1, 2003.
• “Other Worker”: For the ROW, China, and Mexico, the category moves one year forward to October 1, 2011.  The Philippines advance 3 weeks ahead to January 7, 2007. India cutoff dates decline by three weeks. The new cutoff date for India’s “Other Worker” category is September 1, 2003.

Summary of December 2013 Visa Bulletin:

• The December 2013 Visa Bulletin is disappointing for EB India clients. The major EB-2 retrogression is a result of the high demand and the overwhelming number of pending cases. The India EB category is facing sizable amounts of I-485 filings and applicants changing from EB-3 to EB-2.  The USCIS and Department of State are working to approve the pending cases, but in turn, the Visa Office must hold new filings.

• There are positives for the ROW, China, and Mexico in the EB-3 category. The advancement of a year is highly significant. The new October 1, 2011 cutoff date will prove useful for applicants waiting to file for adjustment of status or their visa number.

• Clients qualifying for the EB-3 ROW are advised to take advantage of the new October 1, 2011 cutoff date. For those who are filing for EB2-India category, it is very important to submit all the necessary documentation before the end of November 2013 in order to take advantage of the favorable priority dates.

For any additional questions regarding your eligibility for a family or employment-based green card, please contact our immigration lawyers. We specializes in family and employment-based visas and are available to help clients who are eligible to file for Adjustment of Status or require assistance processing their immigrant visa.