Visa Bulletin - June 2011

June 2011 Visa Bulletin was released on 12th May 2011. Little movement for Family-Based categories. For Employment-Based category, EB-3 overall saw some movement in cut-off dates for each country. EB2 is current for all other countries except India and China. EB-2 China moves forward by two and a half (2.5) months to October 15, 2006, while EB-2 India moves forward (again, after last month’s notable 7-week advancement) by three and a half (3.5) months to October 15, 2006. EB1, EB4 and EB5 are still current.

Family-Based

Family 1st – FB1 ROW, China and India remain unchanged at May 1, 2004. FB1 Mexico also remains unchanged at March 1, 1993. FB1 Philippines moves forward by seven (7) months to February 22, 1996.

Family 2A – FB2A moves forward by ten (10) weeks to August 22, 2007 for ROW, China, India, and Philippines. FB2A Mexico moves forward by six (6) months to July 22, 2007.

Family 2B – FB2B ROW, China and India remain (again) unchanged at April 15, 2003. FB2B Mexico moves forward by three (3) weeks to August 22, 1992. FB2B Philippines moves forward by three (3) months to June 8, 2000.

Family 3rd – most countries advanced to June 2001; Philippines stayed at February 1992; Mexico stayed at 15 November 1992.

Family 4th – most countries stalled at January or March 2000; Philippines advanced to 1 May 1988; Mexico stayed at February 1996.

Employment-Based

Employment 1st – still current in all categories

Employment 2nd – EB-2 ROW (Rest of World), Mexico and Philippines remain current, EB-2 China moves forward by two and a half (2.5) months to October 15, 2006, while EB-2 India moves forward (again, after last month’s notable 7-week advancement) by three and a half (3.5) months to October 15, 2006.

Employment 3rd – EB-3 ROW and EB-3 Philippines move forward by three (3) weeks to September 15, 2005, EB-3 China moves forward by one (1) month to May 15, 2004, while EB-3 India moves forward by one (1) week to April 22, 2002. EB-3 Mexico moves forward by three (3) months to December 22, 2004.

Employment 3rd (Others)- The “other worker” category remains unchanged at April 22, 2003 for China. It moves forward by two (2) months to November 8, 2003 for ROW, Mexico and Philippines. It moves forward by one (1) week to April 22, 2002 for India

Employment 4th – still current in all categories

Employment 5th – still current in all categories




VISA AVAILABILITY Notes from June Visa Bulletin

Family-sponsored: The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February. While most of these cut-offs have begun to advance slowly, heavy demand in the Family First preference has caused a further retrogression for May. At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.

Employment-based:

As mentioned in the May Visa Bulletin, Section 202(a)(5) of the Immigration and Nationality Act (INA) prescribes rules for the use of potentially “otherwise unused” Employment numbers. During May the India Employment Second preference cut-off date is governing the use of such numbers, because India had reached its Employment Second annual limit.

Since October there has been heavy demand by applicants "upgrading" their status from Employment Third to Employment Second preference. The rapid forward movement of the India Employment Second preference cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new "upgrade" demand has been minimal; this has allowed the Employment Second preference cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India Employment Second preference. Note that under INA Section 203(e) all of the “otherwise unused” numbers must be provided strictly in priority date order regardless of the applicant’s chargeability.

Cut-off date movement for upcoming months cannot be guaranteed, and because of the variables involved, no assumptions should be made until the dates are formally announced. Should there be a sudden or significant increase in India and China Employment Second preference demand it may be necessary to slow, stop, or retrogress that cut-off date as we approach the end of fiscal year 2011.

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