September 2013 Visa Bulletin

The U.S. Department of State has released the September 2013 Visa Bulletin. This is the last Visa Bulletin for the 2013 fiscal year (FY2013). Headlines include: Continued movement for EB-2 India, significant movement for EB-3, and EB-4 becomes current across the board.

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

  • EB-1 remains current.
  • EB-2 for ROW, Mexico and Philippines are all current. EB-2 India advances to June 15, 2008.  and EB-2 China remains at August 8, 2008.
  • EB-3 ROW, China, and and Mexico move to June 1, 2010.  EB-3 Philippines moves to December 1, 2006, and EB-3 India moves nine months to September 22, 2003.
  • The “other worker” category is current for all chargeability areas.

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

  • FB-1 ROW, China, and India all move forward by two weeks to September 15, 2006. FB-1 Mexico moves forward by one week to September 8, 1993, and FB-1 Philippines moves forward by five months to May 1, 2001.
  • FB-2A remains current for all areas.
  • FB-2B ROW, China, and India all move forward to February 15, 2006. FB-2B Mexico moves forward by three weeks to February 22, 1994, and FB-2B Philippines moves forward by one month to January 22, 2003.

Notes:

FAMILY-sponsored:

F2A:  This category was made “Current” in an effort to generate new demand for the upcoming fiscal year.  Information received during discussions with the National Visa Center and U.S. Citizenship and Immigration Services indicates that this action is already having the intended result.  Therefore, it is likely that a cut-off will be imposed for October.  This cut-off is unlikely to have any negative impact on those who have already initiated action on their case prior to the announcement of the October cut-off dates.

EMPLOYMENT-based:

SECOND:

India:  This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be “otherwise unused” numbers under the overall Employment Second preference annual limit.  This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months.  It is expected that such movement will generate a very significant amount of new India demand during the coming months.

THIRD:

The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand.  Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months.  At this time there is no indication that the expected increase is materializing or will do so in the near future.  This has resulted in significant movements in the September cut-off for all countries.

It is unlikely that there will be any forward movement of most Employment-based cut-off dates during the next couple of months.  In addition, a sudden surge in demand could require the retrogression of a cut-off date at any time.  Such action would be required if it appears that such number use could impact visa availability under the FY-2014 annual limits.

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 October 2013 Visa Bulletin when it becomes available.

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