January 2016 Visa Bulletin: EB2 India Advances

The U.S. Department of State (DOS) visa bulletin for January 2016 moves the final action (FA) cutoff date for employment-based, second preference (EB2) for India to February 1, 2008. The dates for filing (DF) cutoff date chart, which cannot be utilized for January 2016 EB filings, is largely unchanged.

Use of DF Chart Restricted to Family-Based Cases

For employment-based cases, only the cutoff dates in the FA chart may be used as a basis for filing adjustment-of-status applications in January 2016. For family-based cases, however, the U.S. Citizenship and Immigration Services (USCIS) is permitting the use of the more-favorable DF chart.

Visa Bulletin Summary

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

As predicted by the DOS, EB1 and EB4 continue to be current throughout both categories. This applies to the FA and DF charts.

Employment-Based, Second Preference (EB2)

The EB2 category stays current both in the FA and DF charts, except for India and China. Consistent with predictions, India’s FA date advances by eight months, to February 1, 2008. China’s EB2 FA cutoff date of February 1, 2012 is unchanged. The DF dates in EB2 has not moved.

Employment-Based, Third Preference (EB3)

The EB3 worldwide category cutoff remains extremely favorable, with a new cutoff date of October 1, 2015. Mexico’s FA cutoff date matches the worldwide category. EB3 India’s FA cutoff date of May 15, 2004 represents an advancement of only three weeks. China’s EB3 FA date advances by more than two months, to July 1, 2012. The FA cutoff date for the Philippines progresses to November 1, 2007.

The DF cutoff dates in EB3 are unchanged for India and China. However, there is advancement to a January 1, 2016 DF cutoff for all chargeability areas and Mexico.

EB3 Other Workers

The FA cutoff dates in EB3 other workers matches the general EB3 cutoff dates, except for China. China’s EB3 other worker FA cutoff date remains at August 1, 2006. China’s DF date in this category is also unchanged, at January 1, 2007.

Employment-Based, Fifth Preference (EB5)

The EB5 non-regional center cutoff date for China advances slightly to January 8, 2014. All other countries of chargeability are current in this category. The EB5 regional center category is showing as unavailable throughout, due to the expiration of the law creating this category on December 16, 2015. An extension of the law is under consideration.

Conclusion

The EB2 India advancement of eight months still leaves many people waiting to move forward in this category. However, it is hoped that it is a sign that the predictions of further movement in upcoming months will hold true. MurthyDotCom will continue to update readers on any news or insights related to the visa bulletin.

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