January 2012 Visa Bulletin for the FY 2012 was released yesterday. January visa bulletin brought 9 months movement for the EB-2 China and EB-2 India categories., thus moving it to the most favorable cur-off dates ever. EB3 categories advanced less than expected with EB3-ROW-M-P moving by 2 weeks. EB3-India and China moved as expected. All other categories are current as expected. Family Based category saw some movement.
Employment-Based (EB)
Below is a summary of the January 2012 Visa Bulletin with respect to employment-based petitions:
- EB-1 remains current across the board.
- EB-2 remains current for EB-2 ROW, Mexico and Philippines. EB-2 India and EB-2 China both move forward by nine and a half (9.5) months to January 1, 2009.
- EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by only two (2) weeks to February 1, 2006, EB-3 China moves forward by five (5) weeks to October 15, 2004, while EB-3 India moves forward by only one (1) week to August 8, 2002.
- The “other worker” category remains unchanged (again) at April 22, 2003 for China. It moves forward by one and (1) month for ROW, Mexico and Philippines to February 1, 2006. It also moves forward by three (3) weeks for India to August 1, 2002.
Family-Based (FB)
Below is a summary of the December 2011 Visa Bulletin with respect to family-based petitions:- FB1 moves forward (again, for fourth consecutive month). FB1 ROW, China and India all move forward by six (6) weeks to October 15, 2004. FB1 Mexico moves forward by one (1) week to April 15, 1993 and FB1 Philippines moves forward by six (6) weeks to April 15, 1997.
- FB2A moves forward by one (1) month to April 22, 2009 for ROW, China, India, and Philippines. FB2A Mexico moves forward by six (6) weeks to March 22, 2009.
- FB2B ROW, China and India move forward by three (3) weeks to September 8, 2003. FB2B Mexico moves forward by only one (1) week to December 1, 1992. FB2B Philippines moves forward by two (2) weeks to September 1, 2001.
VISA AVAILABILITY IN THE COMING MONTHS
CHINA-MAINLAND BORN AND INDIA EMPLOYMENT-BASED SECOND PREFERENCE VISA AVAILABILITY IN THE COMING MONTHS
The China and India Employment Second preference cut-off date has been advanced at a rapid rate in recent months. As previously noted, this action was intended to generate significant levels of new filings for adjustment of status at U.S. Citizenship and Immigration Services (USCIS) offices. USCIS has reported that the rate of new filings is currently far below that which they had anticipated, prompting an even more aggressive movement of the cut-off date for January and possibly beyond. While this action greatly increases the potential for an eventual retrogression of the cut-off at some point during the year, it also provides the best opportunity to utilize all numbers available under the annual limit.
As per statement in Visa Bulletin, demand is still very less for EB2-IC and DOS expects to move dates more aggressively only if demand will stay low for next few month(s). Advancement could be as big as 4-6 months minimum. It is unclear so far that such movement was solely based on less demand or HR 3012 also played a role in Mr. Oppenheim's decision. In any case, even with multiple PERM factor, 01 January 2009 or little more movement is plausible in wake of HR 3012. So far Mr. Oppenheim has stuck to his prediction, and movement in February 2012 visa bulletin cannot be discarded. More on demand could be inferred from January 2012 I-485 Inventory that will be released in Jan-Feb 2012. So far lets hope for the best and be ready for the worst.
EB3-ROW-M-P movement was less than anticipated. As per our calculation that's only 1300 visas worth movement. Not quite sure yet If HR 3012 is affecting Mr. Oppenheim's decision but we will know more in successive visa bulletins. CP demand is always unknown to us and with recent release of NVC waiting list that numbers must have changed significantly. This could be reason for the difference in movement of 3 weeks vs. 2 weeks.
FB Categories
No Notes
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