• October Visa Bulletin: EB-2 China and India Available Again Next Month
  • September 13, 2012
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • According to the U.S. Department of State’s October visa bulletin, the EB-2 priority date cut-off date will be September 1, 2004 for India and July 15, 2007 for mainland China. For all other countries, the EB-2 cut-off date will advance by three years, to January 1, 2012.

    Priority date cut-offs for the EB-3 professional and skilled worker subcategory will advance by one week for India, to October 15, 2002; almost eight weeks for China, to February 8, 2006; remain unchanged at August 1, 2006 for the Philippines; and advance by three weeks for all other countries, to October 22, 2006.

    The October visa bulletin lists EB-5 Regional Center Pilot Program category visas as unavailable, because the government is currently in the midst of considering an extension of the program beyond its current expiration date of September 30, 2012. Congress established the Regional Center Program in 1992 as a pilot, and has since reauthorized it several times. The program is designed to allow foreign investors to obtain permanent residence in the United States by investing in designated regional centers. If the program is reauthorized, the State Department will change the availability of regional center EB-5 immigrant visas to “current.” The EB-5 subcategory for new commercial enterprises is unaffected by the expiration of the regional center program and will remain current next month.

    October 2012 Priority Date Cut-Offs

    In October 2012, EB immigrant visa priority date cut-offs will be:

    EB-1

    Current for all countries.

    EB-2

    China: July 15, 2007
    India: September 1, 2004
    All other countries: January 1, 2012

    EB-3 Professionals and Skilled Workers

    China: February 8, 2006
    India: October 15, 2002
    Philippines: August 1, 2006
    All other countries: October 22, 2006

    EB-3 Other Workers

    China: June 22, 2003
    India: October 15, 2002
    Philippines: August 1, 2006
    All other countries: October 22, 2006

    EB-5

    Current for new commercial enterprise applications; unavailable for targeted employment areas and regional center Pilot Program visas.