September Visa Bulletin: End of Fiscal Year 2012

The U.S. Department of State (DOS) Visa Bulletin for September 2012 is the final visa bulletin of fiscal year 2012 (FY12). This visa bulletin is far less eventful than those from earlier in the year. The contents, however, reflect prior events with ongoing unavailability in the employment-based, second preference (EB2) category for India and China and EB2 retrogression for all other countries of chargeability. This summary of the September 2012 Visa Bulletin is for the benefit of MurthyDotCom and MurthyBulletin readers.

Summary of Visa Bulletin

Employment-Based, First Preference (EB1)

This category continues to be current for all countries of chargeability.

Employment-Based, Second Preference (EB2)

This category continues to be unavailable for India and China, as all visa numbers allocated to this category were depleted earlier in FY12. This is expected to change in the October 2012 Visa Bulletin, when additional visa numbers are made available for fiscal year 2013 (FY13).

The EB2 cutoff date for all other countries of chargeability is unchanged, at January 1, 2009. This atypical retrogression for all countries was caused by events earlier in FY12, which led to extremely high usage of EB2 immigrant visa numbers.

Employment-Based, Third Preference (EB3)

The cutoff date in the EB3 category for all chargeability areas except those listed advances by almost a month. The cutoff date for the category of all chargeability areas except those listed, as well as Mexico, moves to October 1, 2006. The cutoff date for the Philippines moves more significantly, by approximately six weeks, to August 1, 2006. China advances again, by slightly over a month, to a cutoff date of December 15, 2005. India inches forward again by a week to a cutoff date of October 8, 2002.

Other Workers’ Category

The cutoff dates in the EB3 other workers’ category match those in the general EB3 category, with the exception of China. The cutoff date for China advances very slightly to June 22, 2003.

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

These categories remain current for all countries of chargeability.

Conclusion

The September 2012 Visa Bulletin does not address expectations for FY13 visa bulletins. The primary questions surround EB2 for India and China. It is understood that EB2 for countries other than India and China will return to current at the outset of FY13. The DOS has projected that the EB2 cutoff date for India and China will be set at a date in August or September 2007. We at the Murthy Law Firm will continue to share the latest visa bulletin information and official predictions with our readers, when it becomes available.

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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.