Department of State Releases September 2013 Visa Bulletin

by Morgan Lewis
Contact

EB-3 category for individuals from most countries advances significantly, and EB-2 category for individuals from India advances by five-and-a-half months.

The U.S. Department of State (DOS) has released its September 2013 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their status to that of permanent resident or to obtain approval of an immigrant visa at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

What Does the September 2013 Visa Bulletin Say?

In August, the cutoff date in the EB-2 category for individuals chargeable to India advanced by three years and four months in an effort to fully utilize the numbers available under the annual limit. The September Visa Bulletin indicates additional forward movement of five-and-a-half months in this category. This cutoff date has advanced more than expected as a result of a decrease during the last two months in the use of EB-1 numbers and a decrease in EB-2 numbers for most other countries. It is expected that such movement will generate a significant amount of demand from individuals chargeable to India during the coming months.

Cutoff dates in the EB-3 category for individuals from most countries advanced significantly from April through July in an effort to generate demand. It was anticipated that such movement would result in a dramatic increase in demand within this category within a few months; however, no such increase has materialized. As a result, there are significant advancements in these cutoff dates in the month of September.

It is expected that the cutoff dates for individuals in the EB-2 category for India and China, and the cutoff dates for the EB-3 category for all countries, may retrogress as of the start of the new fiscal year on October 1, 2013. AOS applicants in these categories who are now current, or who will be current in September, should therefore aim to file by the end of September.

EB-1: All EB-1 categories remain current.

EB-2: A cutoff date of June 15, 2008 is now in effect for individuals in the EB-2 category from India, reflecting forward movement of five-and-a-half months. A cutoff date of August 8, 2008 remains in effect from the August Visa Bulletin for individuals in the EB-2 category from China. The cutoff date remains current for individuals in the EB-2 category from all other countries.

EB-3: There is significant forward movement for EB-3 individuals from all countries.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: July 1, 2010 (forward movement of 547 days)
India: September 22, 2003 (forward movement of 243 days)
Mexico: July 1, 2010 (forward movement of 547 days)
Philippines: December 1, 2006 (forward movement of 41 days)
Rest of the World: July 1, 2010 (forward movement of 547 days)

Developments Affecting the EB-2 Employment-Based Category

Mexico, the Philippines, and the Rest of the World

In November 2012, the EB-2 category for individuals chargeable to all countries other than China and India became current. This meant that EB-2 individuals chargeable to countries other than China and India could file AOS applications or have applications approved on or after November 1, 2012. The September Visa Bulletin indicates that the EB-2 category will continue to remain current for these individuals through September 2013.

China

As with the August Visa Bulletin, the September Visa Bulletin indicates a cutoff date of August 8, 2008 for EB-2 individuals chargeable to China. This means that EB-2 individuals chargeable to China with a priority date prior to August 8, 2008 may continue to file AOS applications or have applications approved through September 2013.

India

In August, after 10 months of stagnation, the cutoff date for EB-2 individuals chargeable to India advanced by more than three years to January 1, 2008. The September Visa Bulletin indicates additional forward movement of this cutoff date by five-and-a-half months to June 15, 2008. This means that EB-2 individuals chargeable to India with a priority date prior to June 15, 2008 may file AOS applications or have applications approved in September 2013. This cutoff date has been advanced in an effort to fully utilize the numbers available under the EB-2 annual limit.

It is expected that the cutoff dates for individuals in the EB-2 category chargeable to India will retrogress as of the start of the new fiscal year on October 1, 2013. AOS applications filed by individuals in this category who are now current, or who will be current in September, may therefore be rejected if not received by September 30, 2013.

Developments Affecting the EB-3 Employment-Based Category

From April through July, the cutoff dates for EB-3 individuals chargeable to most countries advanced significantly in an attempt to generate demand and fully utilize the annual numerical limits for the category. It was expected that such movement would result in a dramatic increase in demand within this category within a few months. No such dramatic increase has materialized, and there is no indication that it will materialize in the near future. As a result, the September Visa Bulletin indicates significant forward movement in this category for all countries in the month of September.

China

The August Visa Bulletin indicated a cutoff date of January 1, 2009 for EB-3 individuals chargeable to China. The September Visa Bulletin indicates significant forward movement of this cutoff date by 547 days to July 1, 2010. This means that EB-3 individuals chargeable to China with a priority date prior to July 1, 2010 may file AOS applications or have applications approved through September 2013.

India

Additionally, the August Visa Bulletin indicated a cutoff date of January 22, 2003 for EB-3 individuals chargeable to India. The September Visa Bulletin indicates significant forward movement of this cutoff date by 243 days to September 22, 2003. This means that EB-3 individuals chargeable to India with a priority date prior to September 22, 2003 may file AOS applications or have applications approved through September 2013.

Rest of the World

The August Visa Bulletin indicated a cutoff date of January 1, 2009 for EB-3 individuals chargeable to the Rest of the World. The September Visa Bulletin indicates significant forward movement of this cutoff date by 547 days to July 1, 2010. This means that individuals chargeable to all countries other than China, India, Mexico, and the Philippines with a priority date prior to July 1, 2010 may file AOS applications or have applications approved through September 2013.

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward or remain static. Employers and employees should take the immigrant visa backlogs into account in their long-term planning and take measures to mitigate their effects. To see the September 2013 Visa Bulletin in its entirety, please visit the DOS website here.

Written by:

Morgan Lewis
Contact
more
less

Morgan Lewis on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.