• December 2013 Visa Bulletin: EB-3 Cut-Off Dates Advance Significantly for Most Countries; Significant Retrogression for EB-2 India
  • November 13, 2013
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • According to the State Department’s December Visa Bulletin, the EB-3 subcategory for professionals and skilled workers will advance by one year, to October 1, 2011, for China and most countries, though EB-3 India will retrogress by three weeks, to September 1, 2003.

    The EB-3 other worker subcategory will also advance by twelve months, to October 1, 2011, for most countries, with the exception of the Philippines to January 8, 2007, but EB-3 India will retrogress to September 1, 2003.

    As expected, EB-2 India will retrogress by more than three and a half years, to November 15, 2004, due to greater demand prompted by priority date advancements since August. EB-2 China will advance by one month, to November 8, 2008.

    In the family-based F-2A category for the spouses and minor children of lawful permanent residents, the cutoff date will remain at September 8, 2013 for all countries except for Mexico, which will remain at September 1, 2013. The category was current for two months earlier this year but had a cut-off date imposed as of October 1.

    December 2013 Priority Date Cut-Offs

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

    EB-1
    Current for all countries.

    EB-2
    China: November 8, 2008
    India: November 15, 2004
    All other countries: Current

    EB-3 Professionals and Skilled Workers
    China: October 1, 2011
    India: September 1, 2003
    Philippines: January 8, 2007
    All other countries: October 1, 2011

    EB-3 Other Workers
    China: October 1, 2011
    India: September 1, 2003
    Philippines: January 8, 2007
    All other countries: October 1, 2011

    EB-5
    Current for all countries and subcategories.

    Employment-Based Immigrant Visa Availability in the Coming Months

    The State Department projects that the priority date cut-off for EB-2 China will advance by three to five weeks per month over the next several months, but EB-2 India is not expected to advance in the near term.

    For EB-3, the State Department suggests that priority dates for China and most other countries could continue to advance for the next few months, through February 2014. However, retrogression could occur if demand increases significantly. No advancement in cut-off dates is expected for EB-3 India.

    The family-based F2A category is likely to remain at September 8, 2013 for most countries in the near future, though there could be some retrogression for Mexico.