Visa Bulletin For July 2009, 2011 and 2013

How Visas moved in the Family and Employment-based categories from Philippine applicants

Family-Sponsored

2009

2011

2013

F1

01SEP93

15APR96

01JUL00

F2A

22DEC04

22MAR08

08OCT11

F2B

01APR98

22SEP00

22DEC02

F3

01JUL91

22MAR92

22NOV92

F4

08AUG86

15MAY88

15DEC89

 

 

Employment- Based

2009

2011

2013

1st

C

C

C

2nd

C

C

C

3rd

U

08OCT05

01OCT06

Other Workers

U

08OCT05

01OCT06

4th

C

C

C

Certain Religious Workers

C

C

C

5th?Targeted?Employment Areas/?Regional Centers and Pilot Programs

C

C

C

          

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. 

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

STATE DEPARTMENT REPORT ON  VISA AVAILABILITY

IN THE COMING MONTHS (August - October)

 FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1: Up to five weeks

F2A: Could become “Current” at some point during the coming months.

F2B: Four to seven weeks

F3: Three to five weeks

F4: Three to five weeks

 EMPLOYMENT-based categories (potential monthly movement)

Employment First:  Current

Employment Second:

Worldwide:  Current

China:  Up to two months 

India:

At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category.  A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

 

Employment Third:

Worldwide:

No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.

 

 China: No additional movement

India: Up to three weeks

Mexico: No additional movement

Philippines: Up to two weeks

Employment Fourth: Current??Employment Fifth: Current

The above projections for the Family and Employment categories are for what is likely to happen during each of the next few months based on current applicant demand patterns.  

Readers should never assume that recent trends in cut-off date movements are guaranteed for the future, or that “corrective” action will not be required at some point in an effort to maintain number use within the applicable annual limits.  The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables.  Unless indicated, those categories with a “Current” projection will remain so for the foreseeable future.

 

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About the Author

Crispin Aranda

Crispin Aranda

Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.


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