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Dept of State Update on Immigrant Visa Priority Dates and Demand 2012 and 2013

July 11, 2012

On Tuesday, June 19, 2012, Roberta Freedman, AILA Students & Scholars Committee member, discussed the Visa Bulletin, visa demand in the employment preference categories, and predictions for FY2012 and beyond with Charlie Oppenheim of the Visa Office at the Dept. of State.  Key points to note (Courtesy: AILA):

–EB-2 worldwide will be current in October 2012.

–In October 2012, the EB-2 cut-off dates for China-Mainland born and India, which are currently “unavailable,” will move to August or September 2007. It is unlikely that the cut-off dates will move forward at all for the first two quarters of FY2013. If they do, it will only be if the Visa Office is convinced that there is insufficient demand for the rest of the year. Visa office already has 17,000 EB-2 cases for natives of India, China, and worldwide with priority dates after January 1, 2009, pre-adjudicated. There will be a lot of cases queued up for adjudication in October 2012, and it will take some time to get through them.

Eb-3 to Eb-2 Upgrades: Dept. of State office believes that there are 10,000 to 15,000 numbers used for upgrades every fiscal year. In March 2012, alone, 3,200 numbers were used to approve China and India adjustments that were EB-3-EB-2 upgrades. The actual break down was 2,800 from India and 500 from China. All of these cases had priority dates before 2007, so clearly, they were upgrades. For example, 363 of the 2,800 EB-2 cases from India that were approved in March 2012, had a 2005 priority date. In March 2012, alone, over 1,000 numbers were used for applications from the worldwide quota that had priority dates before 2010, so these were likely upgrades as well.

—  Dept. of State tries to use 13,500 visas per quarter for all EB cases. It already has more than 17,000 in line for FY2013, beginning October 1, 2012.

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