The Department of State has released its July Visa Bulletin, with almost no surprises… almost.
What Is the Visa Bulletin?
The Visa Bulletin is released each month (usually a few weeks in advance) and establishes which foreign nationals will become eligible to apply for U.S. permanent residence (green card) during that month, depending on three key factors – 1) their priority date; 2) which of the family-based or employment-based preference categories they are eligible for; and 3) their country of birth (with nationals of China, India, Mexico and The Philippines having a much slower path than other country nationals due to their higher demand for US immigration).
To explain briefly, there are five employment-based preference categories for green cards, with 1st preference being for extraordinary ability, outstanding professors/ researchers, and multinational managers/executives; 2nd preference for “national interest waiver” and advanced degree holders (e.g. Ph.D., Masters); and 3rd preference for professionals with a Bachelor’s degree and other eligible workers.
For family-based green cards, the situation is a little more complex but essentially immediate relatives (such as spouses of U.S. citizens), always have visa numbers available. f. Other relatives then fall into one of the family-based preference categories: 1st preference being for unmarried sons and daughters of U.S. citizens; 2nd preference being for spouses and children, and unmarried sons and daughters of U.S. permanent residents; 3rd preference being for the married sons and daughters of U.S. citizens; and 4th preference being for the brothers and sisters of adult U.S. citizens.
The priority date is the date of filing an Immigrant Visa Petition or labor certification (when employment-based) or Alien Relative Petition (when family-based)
What News Is in the July Visa Bulletin?
Following the release of each new Visa Bulletin, the American Immigration Lawyers Association discusses with the Department of State’s Chief of the Visa Control and Reporting Division, Mr. Charlie Oppenheimer, to assess movement in the preference categories, and to discuss his thoughts and future projections.
For July, there is one significant change in the employment-based preference categories. As we indicated in our May 13, 2015 blog, the 3rd employment preference category for nationals of The Philippines retrogressed significantly. As of July, green cards will become unavailable completely in that category (and for other workers). Mr. Oppenheimer confirmed that this unavailability stems from a sudden demand for 2000 visa numbers in just a 2 month period in that category.
Mr. Oppenheimer warned that they are seeing a similar trend in demand worldwide in the 2nd employment preference category, but that visa numbers are expected to remain immediately available for foreign nationals in both the 1st and 2nd employment preference categories (other than nationals of China, India, Mexico and The Philippines) for the foreseeable future. He also expects continued progress in the 2nd employment preference category for Chinese nationals. He does not expect any progress for the 2nd employment preference category for Indians until October 2015.
The ship is a little more steady for family-based visa numbers. All preference categories are advancing steadily due to more reasonable green card demand. Forward movement is expected to continue in priority dates across all preference categories, including in the 4th family-based preference category, although for Mexican nationals in that category, the ground lost in June is not expected to be made up until at least December.