July 2013 Visa Bulletin

The U.S. Department of State has released the July 2013 Visa Bulletin. This is the tenth Visa Bulletin for the 2013 fiscal year (FY2013). Headlines include: the employment-based third preference category cut-off date for most countries advanced significantly for the third month in a row and continued lack of movement for EB-2 India.

Summary of the July 2013 Visa Bulletin – Employment-Based (EB)

EB-1 remains current.
EB-2 for ROW, Mexico and Philippines are all current. EB-2 India remains unchanged at September 1, 2004. EB-2 China moves forward by three weeks weeks to August 8, 2008.
EB-3 ROW, China, and and Mexico move forward byfour months to January 1, 2009.  EB-3 Philippines moves forward by one week to September 22, 2006, and EB-3 India moves forward by two weeks to January 22, 2003.
The “other worker” category moves forward by four months for ROW and Mexico to January 1, 2009, Philippines remains at October 1, 2006 ,China moves forward by five months to March 22, 2003.  India moves forward by two weeks to January 22, 2003.

Summary of the July 2013 Visa Bulletin – Family-Based (FB)

FB-1 ROW, China, and India all move forward by five weeks to June 1, 2006. FB-1 Mexico moves forward by one week to August 22, 1993, and FB-1 Philippines moves forward by seven months to July 1, 2000.
FB-2A moves forward by four months to October 8, 2011 for ROW, China, India, and Philippines, and FB-2A Mexico moves forward by three months to September 1, 2011.
FB-2B ROW, China, and India all move forward by four months to November 1, 2005. FB-2B Mexico moves forward by five months to November 1, 1993, and FB-2B Philippines moves forward byfive weeks to December 22, 2002.

Looking Ahead – Visa availability in the coming months (August – October)

Worldwide dates for family sponsored categories (potential monthly movement):

  • F1: Up to five weeks
  • F2A: Could become “Current” at some point during the coming months.
  • F2B: Four to seven weeks
  • F3: Three to five weeks
  • F4: Three to five weeks

Employment based categories (potential monthly movement):

Employment First:  Current

Employment Second:

  • Worldwide:  Current
  • China:  Up to two months
  • India:  At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category.  A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

Employment Third:

  • Worldwide:  No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.
  • China: No additional movement
  • India: Up to three weeks
  • Mexico: No additional movement
  • Philippines: Up to two weeks

Employment Fourth: Current

Employment Fifth: Current

The above projections for the Family and Employment categories are for what is likely to happen during each of the next few months based on current applicant demand patterns.  Readers should never assume that recent trends in cut-off date movements are guaranteed for the future, or that “corrective” action will not be required at some point in an effort to maintain number use within the applicable annual limits.  The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables.  Unless indicated, those categories with a “Current” projection will remain so for the foreseeable future.

Contact The Law Offices of Dayna Kelly if you’d like to speak with an attorney about your immigration matters. We will continue to update our readers on Department of State updates, including the release of the August 2013 Visa Bulletin when it becomes available.

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