Nov 2014 Visa Bulletin: EB2 India Retrogression to 15.Feb.05

As previously reported on MurthyDotCom, the U.S. Department of State (DOS) has released the November 2014 Visa Bulletin. This latest visa bulletin brings unwelcome, yet expected news of severe retrogression in the employment-based, second preference (EB2) category for people born in India. Still, there were a few developments that should benefit some foreign nationals applying to become U.S. permanent residents.

Employment-Based, First (EB1), Fourth (EB4), and Fifth Preferences (EB5)

The EB1, EB4, and EB5 categories remain current during November 2014, meaning that visa numbers are available for all applicants, from every country, within these categories. The DOS expects that these categories will stay current through the coming months.

Employment-Based, Second Preference (EB2)

The EB2 category continues to be current for all countries, except India and China. The cutoff date for China advances by a few weeks, to December 8, 2009. Unfortunately, the cutoff date for India retrogresses by more than four years, to February 15, 2005. The level of demand for visa numbers in this category forced the DOS to retrogress the cutoff date in order to keep the overall EB2 India visa number usage within the fiscal year 2015 annual limits. As explained in the MurthyDotCom NewsBrief, Visa Bulletin Predictions for Coming Months (08.Oct.2014), the DOS does not expect to be able to move the cutoff date for EB2 India forward before June 2015.

Employment-Based, Third Preference (EB3)

The EB3 worldwide category advances considerably, once again. The cutoff date for EB3 worldwide, as well as for Mexico and the Philippines, shifts forward by eight months, to June 1, 2012. The EB3 China cutoff date advances by nine months, to January 1, 2010. With this change, the cutoff date for EB3 China is, once again, more favorable than the EB2 cutoff date for that country. The cutoff date for EB3 India moves up by only a week, to November 22, 2003.

The advancement in EB3 worldwide is expected to continue over the next few months. Mexico and the Philippines are expected to continue to match EB3 worldwide, although it may be necessary to adjust the Philippines cutoff date later in this fiscal year. China is also expected to continue to experience rapid forward movement in EB3. For China, this movement may generate sufficient demand for visa numbers to require what the DOS terms as “corrective” action (i.e. retrogression) by February 2015. India, unfortunately, faces an entirely different situation. The EB3 India cutoff date is expected to experience little, if any, forward movement in the coming months.

Other Workers Category

The EB3 other workers cutoff dates continue to match those of the regular EB3 dates, with the exception of China. The cutoff date for China remains unchanged, at July 22, 2005.

Conclusion

The visa bulletin contents and predictions were consistent with the information provided earlier in the month by the DOS. The November 2014 Visa Bulletin goes into effect on November 1, 2014. Until then, the October 2014 Visa Bulletin cutoff dates remain in effect. Therefore, eligible EB2 India applicants who have priority dates that are current in October 2014, but not in November, should move forward with their respective I-485 filings, if possible. For future updates and predictions related to the visa bulletin, as well as other immigration topics, subscribe to the free MurthyBulletin, or check MurthyDotCom.

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