August 2012 Visa Bulletin

The U.S. Department of State (DOS) Visa Bulletin for August 2012 contains no surprises for our readers. The employment-based, second preference (EB2) category for India and China is unavailable through the remainder of fiscal year (FY) 2012. The retrogressed date of January 1, 2009 in EB2 for all countries other than India and China remains unchanged. The Murthy Law Firm offers this summary of the August 2012 Visa Bulletin for the benefit of our readers.

Summary of Visa Bulletin

Employment-Based, First Preference (EB1)

This category continues to be current for all countries of chargeability. The June 2012 Visa Bulletin predicted that a cutoff date for the EB1 category might be established by the end of FY12. The August Visa Bulletin does not offer any further insights into this possibility.

Employment-Based, Second Preference (EB2)

As mentioned above, this category remains unavailable for India and China. The “U” for unavailability will continue for EB2 India and China in upcoming visa bulletins until the start of FY13, which begins October 1, 2012.

All other countries of chargeability have a cutoff date of January 1, 2009. This unusual development is connected to excess use of immigrant visa numbers in this EB2 category. As explained in our NewsBrief, Cutoff Dates and Explanations: EB2 Retrogression (06.Jul.2012), it is possible that this category could become unavailable for all other countries before the start of FY13.

Employment-Based, Third Preference (EB3)

The EB3 category for all chargeability areas except those listed, as well as for Mexico, advances by over a month yet again. The cutoff date for these countries moves to September 8, 2006. The cutoff date for the Philippines advances very slightly, to June 15, 2006. China continues to advance, with a new cutoff date of November 8, 2005. India gains just over a week, with a cutoff date of October 1, 2002.

Other Workers’ Category

The EB3 other workers’ category advances by more than a month to a cutoff date of September 8, 2006 for all chargeability areas except those listed, as well as for Mexico. The cutoff date for the Philippines remains unchanged, at June 8, 2006. China’s cutoff date is also unchanged, at June 15, 2003. India’s cutoff date moves slightly forward to October 1, 2002.

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

These categories remain current for all countries of chargeability.


There are no predictions for future EB cutoff date changes in the August 2012 Visa Bulletin. The most reliable predictions for EB2 are discussed in our July 6, 2012 NewsBrief, referenced above and available on MurthyDotCom. As indicated in that article, EB2 for all countries, other than India and China, will likely be current again as of October 1, 2012. Both India and China will continue to face extended retrogression, with a cutoff date of either August or September 2007, which will likely be established at the start of FY13 on October 1, 2012. We at the Murthy Law Firm will continue to update our readers with useful information on DOS visa bulletin and cutoff date predictions.

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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.