August 2014 Visa Bulletin: More Forward Movement for EB2 India & China

The U.S. Department of State (DOS) Visa Bulletin for August 2014 is now available. The August Visa Bulletin brings a continuation of forward movement in the employment-based, second preference (EB2) category for Indian and Chinese nationals. This movement is far less dramatic than the long awaited advancement that appeared in the July 2014 Visa Bulletin. However, it is certainly good news. The employment-based category cutoff dates in the August Visa Bulletin are summarized here for MurthyDotCom readers.

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

The EB1, EB4, and EB5 categories are current for all applicants, regardless of country of chargeability.

Employment-Based, Second Preference (EB2)

The EB2 category remains current for all countries, except for India and China. EB2 India advances, with forward movement of more than four months, to a new cutoff date of January 22, 2009. EB2 China progresses by three months, to October 8, 2009.

Employment-Based, Third Preference (EB3)

EB3 China leaps forward in EB3 by more than two years, to November 1, 2008. The Philippines experiences significant movement again, to a June 1, 2010 cutoff date. EB3 India inches forward by a week, to November 8, 2003. Mexico and other countries of chargeability are stagnant at April 1, 2011.

Other Workers Category

The EB3 other workers cutoff dates match those of the EB3 dates, with the exception of China. The EB3, other worker, category for China advances to July 22, 2005.

Conclusion and Predictions

The advancement in EB2, India and China, during the month of August means the opportunity for more permanent residence (commonly, green card) approvals for individuals with pending EB2 adjustment of status (I-485) applications. It also will mean eligibility for I-485 filings in August by those whose priority dates will be current during that month.

The visa bulletin section on visa availability in the coming months explains that the rapid movement in EB2, India, is based upon projected availability of fiscal year 2014 (FY14) visa numbers that would otherwise go unused. Individuals are warned against assuming that the advancement in cutoff dates will continue at this pace. Future movement of dates will depend upon the demand for those visa numbers. As this demand increases, as expected over the next several months, the DOS believes it will become necessary to significantly retrogress the cutoff dates.

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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.