September 2015 Visa Bulletin: Developments in EB2 and EB3 India18 Aug 2015
The U.S. Department of State (DOS) released the September 2015 Visa Bulletin, which is the final visa bulletin for fiscal year 2015. To the disappointment of many, the employment-based, second preference (EB2) category for India and China retrogresses to January 1, 2006. On a far more favorable note, the employment-based, third preference (EB3) India category advances by more than six months, to December 22, 2004.
Employment-Based, First, Fourth, and Fifth Preferences (EB1, EB4, and EB5)
The EB1 and EB4 categories are current for all countries of chargeability. With the exception of China, the EB5 category is also current. EB5 China advances by several weeks to a cutoff date of September 22, 2013.
Employment-Based, Second Preference (EB2)
As usual, the EB2 category is current, except for India and China. With the depletion of the annual allotment of visa numbers in this category, both India and China retrogress to a cutoff date of January 1, 2006.
Employment-Based, Third Preference (EB3)
The EB3 cutoff date for the worldwide chargeability moves by one month, to August 15, 2015. This same, highly favorable cutoff date also applies to Mexico. For EB3 China, India, and the Philippines, the cutoff date jumps ahead by more than six months, to December 22, 2004. For EB3 India, this is a remarkable development, culminating in ten months of total advancement over the past two months.
Employment-Based, Third Preference (EB3) Other Workers
The cutoff dates in the EB3 other workers category are identical to those dates in the general EB3 category, with the exception of China. EB3 other workers for China remains unchanged at January 1, 2004.
August 2015 Visa Bulletin in Effect Through Aug 31, 2015
Stakeholders should note that the August 2015 Visa Bulletin cutoff dates remain in effect until August 31st. Anyone with a cutoff date that is current under the August visa bulletin may still be able to file an application for adjustment (form I-485), before the end of the month, even if the cutoff date is scheduled to retrogress come September. Similarly, those with priority dates that will become current in September must wait until the first of the month to file their I-485s.
The last visa bulletin of the fiscal year often reflects retrogression in categories that have depleted most or all of the available visa numbers. As is the case with the September 2015 Visa Bulletin, there can also be noticeable advancement in an effort to use up remaining visa numbers before the end of the fiscal year. Subscribe to the free MurthyBulletin to stay informed of movement in the monthly visa bulletins and other important immigration topics.
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