June 2012 Visa Bulletin: China and India EB-2 Become Unavailable

For June, the status of China and India Employment Second preference (EB-2) categories has become “unavailable.” The recent increases in the volume of filings for these visa categories have resulted in major retrogression in the May visa bulletin to August 2007, and unavailability of visa number in June’s bulletin.   The State Department explained that the upgrading of cases from the EB-3 category to the EB-2 category is also a major reason for the exhaustion of visa numbers.  In order to avoid jeopardizing the availability of visa numbers for “other countries”, the State Department decided to make EB-2 unavailable for China and India till the end of this fiscal year.  However, the State Department also states that they will try their best to return the China and India Employment EB-2 cut-off date to May 1, 2010 (reached in April 2012) as soon as possible, although it will not likely to happen before Spring 2013. Other predictions in June’s bulletin include possible establishment of a cut-off date for EB-1 visa categories and EB-2 “other countries” in the coming few months.

On the family immigration side, the Family Based First Preference (FB-1) advances nicely again for China, India and “other countries”; they all move forward by seven weeks to June 22, 2005.   Family Based 2A moves forward by six weeks to January 1, 2010 for China, India, Philippines, and “other countries”.   Family Based 2B China, India and “other countries” also move forward by seven weeks.  Please see below for details.

FAMILY	Other Countries	China	India	Mexico	Philippines
F-1	22JUN05	22JUN05	22JUN05	15MAY93	01JUL97
F-2A	01JAN10	01JAN10	01JAN10	08DEC09	01JAN10
F-2B	15APR04	15APR04	15APR04	01JAN92	08DEC01
F-3	01APR02	01APR02	01APR02	15JAN93	22JUL92
F-4	08JAN01	12DEC00	08JAN01	01JUN96	22JAN89

1st: Unmarried Sons and Daughters of Citizens (about 23,000 per year).

2A: The 2 "A" preference is for Spouses and Children (under 21 & unmarried) of LPR's.

2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.

3rd: Married Sons and Daughters of Citizens.(about 23,000 per year)

4th: Brothers and Sisters of Adult Citizens.(about 65,000 per year)

EMPLOYMENT	Other Countries	China	India	Mexico	Philippines
EB-1	C	C	C	C	C
EB-2	C	U	U	C	C
EB-3	08JUN06	08AUG05	15SEP02	08JUN06	22MAY06
Other Workers	08JUN06	22APR03	15SEP02	08JUN06	22MAY06
EB-4	C	C	C	C	C
Religious	C	C	C	C	C
EB-5	C	C	C	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies executives/managers, outstanding prof./researchers)

2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.

3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)

4th: "Special Immigrants" (Religious & others)

5th: Employment Creation (Investors)