• September 2013 Visa Bulletin: Significant Priority Date Advancements for Most Backlogged EB Categories; F-2A Will Remain Current
  • August 15, 2013
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • According to the State Department’s September Visa Bulletin, priority date cut-offs will advance dramatically for most backlogged employment-based immigrant visa categories next month. The family-based F-2A for spouses and minor children of lawful permanent residents will remain current.

    EB-2 India will advance five and one-half months, to June 15, 2008. EB-2 China will remain at August 8, 2008.

    The EB-3 subcategory for professional and skilled workers will advance eight months for India, to September 22, 2003, and 18 months for China and most other countries, to July 1, 2010. EB-3 Philippines will advance just under six weeks, to December 1, 2006.

    September 2013 Priority Date Cut-Offs

    In September 2013, EB immigrant visa priority date cut-offs will be:

    EB-1
    Current for all countries.

    EB-2
    China: August 8, 2008
    India: June 15, 2008
    All other countries: Current

    EB-3 Professionals and Skilled Workers
    China: July 1, 2010
    India: September 22, 2003
    Philippines: December 1, 2006
    All other countries: July 1, 2010

    EB-3 Other Workers
    China: June 15, 2004
    India: September 22, 2003
    Philippines: December 1, 2006
    All other countries: July 1, 2010

    EB-5
    Current for all countries and subcategories.

    Impact of the EB-2 and EB-3 Advancements

    The State Department is advancing EB-2 and EB-3 cut-off dates substantially next month to maximize usage of EB green card numbers before the end of the fiscal year.

    The EB-2 India cut-off date will advance much more than previously expected because unused immigrant visas in the EB-1 and EB-2 worldwide categories will be applied. The State Department anticipates that there will be high demand for the newly available India numbers.

    EB-3 cut-off dates will move forward more than anticipated because previous advancements have not generated the demand expected by the State Department.

    According to the State Department, there is unlikely to be any further advancement in the EB categories in the next few months. If there is high demand, priority dates could be retrogressed in FY 2014.

    F-2A Currency

    Though the F-2A category will remain current in September, the State Department is projecting that a cut-off date could be imposed for October. Qualified F-2A beneficiaries who file for adjustment of status or an immigrant visa before the cut-off should not be negatively affected.