August 2013: EB2 India Advancement and FB2A Current

As predicted, the U.S. Department of State (DOS) Visa Bulletin for August 2013 provides favorable advancements of both the employment-based, second preference (EB2) category for Indian nationals, and the family-based, second preference "A" (FB2A) category. This undoubtedly comes as welcome news to a great many MurthyDotCom readers.

Visa Bulletin Summary

Family-Based, Second Preference "A" (FB2A)

The FB2A category for spouses and (unmarried, minor) children of U.S. lawful permanent residents (LPRs, or "green card" holders), advances and is current throughout the category. This opens up the option to move forward with green card cases for all spouses and minor children of LPRs, provided they meet all other procedural and legal eligibility requirements for permanent residence. More information is available in the NewsBrief, FB2A Could Become Current: Act Quickly (17.June.2013). The DOS predicts that the FB2A category will remain current for several months beyond August 2013.

Employment-Based, First Preference (EB1)

This category remains current for all countries of chargeability. While no predictions are provided for this category in the visa bulletin, it is expected that it remains current.

Employment-Based, Second Preference (EB2)

The EB2 category continues to be current for all countries of chargeability except India and China. As predicted, the EB2 India cutoff date advances in August 2013. The EB2 India cutoff date, effective August 1, is January 1, 2008. This is the first cutoff date progression experienced in this category during fiscal year 2013 (FY13). Prior to this development, the EB2 India cutoff date was stagnant at September 1, 2004. The EB2 cutoff date for China remains unchanged during August, with a cutoff date of August 8, 2008.

The advancement in EB2 India is an effort to utilize all EB2 immigrant visa numbers by shifting certain excess numbers to India, where the demand exceeds the supply. This often happens toward the end of any fiscal year. FY13 ends September 30, 2013.

Employment-Based, Third Preference (EB3)

The cutoff dates in EB3 remain mostly unchanged. For the month of August, the cutoff date for all chargeability areas except those listed, as well as China and Mexico, remains at January 1, 2009. The cutoff date for the Philippines is October 22, 2006, and India's cutoff date is still January 22, 2003.

The DOS previously predicted the lack of movement in EB3 for all chargeability areas except those listed, as well as China and Mexico, but did indicate that India and the Philippines would continue to advance slowly. No further predictions for this category were provided.

Other Workers Category

With the exception of China, the EB3 other workers' cutoff dates are the same as the general EB3 cutoff dates. The EB3 other workers' category cutoff date for China remains unchanged at March 22, 2004.

Employment-Based, Fourth (EB4) and Fifth (EB5) Preferences

These categories remain current for all countries of chargeability.

Conclusion

The positive news in the EB2 India and FB2A categories, while welcome, is a temporary development. MurthyDotCom will continue to provide updates regarding the visa bulletin, as well as analyses of how the any changes may impact foreign nationals and employers of foreign workers.

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.

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