Iowa Immigration Law Blog: September Visa Bulletin Continues Good News

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The Visa Bulletin for September advances many categories and does not “retrogress” the gains from August.

Most importantly:

  • The F2A category (for spouses and minor children of permanent residents) continues to be “current” as it is in August. This means that if you are unable to file your adjustment of status case in August, you still have a chance in September. It also means that more people will be able to obtain consular appointments.
  • The EB3 category (for positions requiring less than an advanced degree) has jumped from January 1, 2009, to July 10, 2010, for all countries except China “other workers”, India, and the Philippines. Those countries/categories also moved ahead.
  • Also importantly, EB2 for India continues to advance, from January 1, 2008, to June 15, 2008. (China EB2 stayed at August 8, 2008).

The latter two changes mean that more people in the employment-based waiting line will be approved, and if your case is not approved in August, it can still be approved in September. Additionally, more people can file adjustment of status on September 1 if the priority date will then be current.

October starts a new fiscal year. Often the lines move forward at the close of the year to capture all available visa numbers, but then slow at the new year. We are not gamblers, so we place no bets on the October Visa Bulletin movement.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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