May 2013 Visa Bulletin

The May 2013 Visa Bulletin has been released by the U.S. Department of State (DOS). Following is an explanation of the contents of this visa bulletin and prediction regarding the employment-based, third preference (EB3) category for the benefit of MurthyDotCom readers.

Employment-Based, First Preference (EB1)

This category remains current for all countries of chargeability in May 2013.

Employment-Based, Second Preference (EB2)

The EB2 category continues to be current for all countries of chargeability, except India and China. The EB2 India cutoff date remains stagnant at the September 1, 2004 date established at the start of fiscal year 2013. The cutoff date for EB2 China continues to be far more favorable. China’s cutoff date advances by six weeks to May 15, 2008.

Employment-Based, Third Preference (EB3)

The cutoff dates in EB3 for all chargeability areas except those listed, as well as China and Mexico, moves forward to December 1, 2007. The cutoff date for the Philippines moves to September 15, 2006. India continues to advance, but lags well behind with a cutoff date of December 22, 2002.

Other Workers Category

With the exception of China, the EB3 other workers’ cutoff dates match their respective country’s general EB3 cutoff dates. The EB3 other workers’ category cutoff date for China moves to September 1, 2003.

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

These categories remain current for all countries of chargeability.

Conclusion and Predictions

The May 2013 Visa Bulletin notes that the EB3 category “has advanced significantly.” The DOS has pushed the EB3 cutoff dates forward in an effort to generate sufficient demand to utilize the full annual visa allotment for this category. Once a sufficient demand is generated, the advancement will either slow down or stop (or even potentially reverse, or retrogress.) We at the Murthy Law Firm will continue to provide our readers with visa bulletin updates, as information 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.