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Significant Advances for EB-2 India and EB-3 in September; FB-2A Remains Current

The U.S. State Department has just released the September 2013 Visa Bulletin, which is the last Visa Bulletin for the 2013 fiscal year.  The big news is the continued significant forward movement for the employment-based second preference (EB-2) category for Indian nationals, the significant forward movement in the employment-based third preference (EB-3) category, and the fact that the family-based second preference (FB-2A) category for spouses and children of lawful permanent residents will remain current for all countries.  Below is a summary of the September 2013 Visa Bulletin:

Employment-Based

  • EB-1 remains current for all countries.
  • EB-2 for Mexico, Philippines and all other countries is current.  EB-2 for India advances by six months to June 15, 2008.  EB-2 for China remains unchanged at August 8, 2008.
  • EB-3 for China, Mexico and all other countries moves forward significantly by 18 months to July 1, 2010.  EB-3 for India moves forward nine months to September 22, 2003 and EB-3 for Philippines moves forward slightly to December 1, 2006.  It should be noted that with all the recent forward movement in the EB-2 India category, retrogression could be possible in the near future.
  • The “other worker” category for Mexico and all other countries moves forward significantly by 18 months to July 1, 2010.  It also moves forward by nine months to September 22, 2003 for India, two and a half months to June 15, 2004 for China, and five weeks to December 1, 2006 for Philippines.

Family-Based

  • FB-1 (unmarried sons and daughters 21 years and older of U.S. citizens) continues to move forward slowly.  China, India and all other countries all move forward by two weeks to September 15, 2006.   FB-1 for Philippines moves forward by four months to May 8, 2001 and Mexico moves forward by just one week to September 8, 1993.
  • FB-2A (spouses and children of lawful permanent residents) continues to remain current for all countries.  The State Department has indicated that this category could remain current for the next few months, but that a cutoff date may be imposed in the near future.
  • FB-2B (unmarried sons and daughters 21 years and older of lawful permanent residents) for China, India and all other countries all move forward by two and a half months to February 15, 2006.  FB-2B for Philippines moves forward by one month to January 22, 2003 while Mexico moves forward by three weeks to February 22, 1994.

It is important to take advantage of the significant advancements in many of the preference categories, especially the EB-2 India, EB-3 and FB-2A categories, as these categories could retrogress in the near future.  Those applicants with priority dates that will become current as of the September 2013 Visa Bulletin may be eligible to file adjustment of status applications in the U.S. or process immigrant visa applications at a U.S. consulate abroad.  If you believe that your priority date will become current in September 2013 and would like assistance in completing the green card process, please contact our office at info@ornerobrien.com or by calling (240) 395-1506.

The September 2013 Visa Bulletin is available at http://travel.state.gov/visa/bulletin/bulletin_6050.html.