August 2013 Visa Bulletin

The U.S. Department of State has released the August 2013 Visa Bulletin. This is the eleventh Visa Bulletin for the 2013 fiscal year (FY2013). Headlines include: the employment-based second preference (EB-2) category cut-off date for India has advanced by almost four years to January 1, 2008, EB-3 India has moved to January 22, 2003, and family based F2-A has become current for all charge-ability areas.

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

  • EB-1 remains current.
  • EB-2 for ROW, Mexico and Philippines are all current. EB-2 India advances significantly to January 1, 2008.  EB-2 China remains at August 8, 2008.
  • EB-3 ROW, China, and and Mexico remain at January 1, 2009.  EB-3 Philippines moves forward by one month to October 22, 2006, and EB-3 India moves to January 22, 2003.
  • The “other worker” category stays the same for ROW and Mexico at January 1, 2009, Philippines moves forward by three weeks to October 22, 2006 ,China remains at March 22, 2003, and India also remains at  January 22, 2003.

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

  • FB-1 ROW, China, and India all move forward by two months to September 1, 2006. FB-1 Mexico moves forward by one week to September 1, 1993, and FB-1 Philippines moves forward by six months to January 1, 2001.
  • FB-2A became current for all areas.
  • FB-2B ROW, China, and India all move forward by one month to December 1, 2005. FB-2B Mexico moves forward by three months to February 1, 1994, and FB-2B Philippines remains at December 22, 2002.

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

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

  • F1: Up to five weeks
  • F2A: This category has become “Current” for August, and is expected to remain so for the next several months.  This action has been taken in an effort to generate an increased level of demand.  Despite the fact that there are large amounts of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers.
  • 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:  This cut-off date has been advanced in an effort to fully utilize the numbers available under the overall Employment Second preference annual limit.  It is expected that such movement will generate a significant amount of new India demand during the coming months.

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: Rapid movement noted in August Bulletin
  • Mexico: No additional movement
  • Philippines: Up to two weeks

Employment Fourth: Current

Employment Fifth: Current

These changes for the Family F2A, and India Employment Second preference categories reflect actions which have been taken based on current applicant demand patterns.  Readers should expect that some type of “corrective” action will be required at some point during FY-2014 in an effort to maintain number use within the applicable annual limits.  Such action would involve the establishment and retrogression of such cut-off dates, and could occur at any time.

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 September 2013 Visa Bulletin when it becomes available.

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