Since our recent update on the Department of State’s monthly Visa Bulletin, Charles (“Charlie”) Oppenheim, Chief of DOS’s Visa Control and Reporting Division, met again with the American Immigration Lawyers Association to discuss preference category trends and projections for the remainder of this fiscal year for applicants waiting to become eligible to apply for U.S. permanent residence (green card).
In June 2016, the final action date for both EB-2 and EB-3 China retrogressed to January 1, 2010 and will remain at that cut-off date in July 2016. Charlie indicated that there will be no forward movement in either of these categories this fiscal year.
Charlie also warned that it is likely that a cut-off date will be imposed for EB-2 Worldwide by September 2016 due to sustained high demand. In May 2016 alone, 4,300 EB-2 numbers were used worldwide, including for China and India. While the impetus for this demand is unclear, it is unlikely the result of EB-3 upgrades, since the EB-3 date has essentially been “current” for a long time. In May, Charlie allocated EB-2 numbers to more than 1,400 applicants with priority dates of 2014 and earlier.
Charlie anticipates EB-2 India’s final action date will be one week beyond EB-3 India through the rest of the fiscal year, and this is certainly the case for July 2016. Based on current usage, Charlie believes there should be sufficient available unused EB-3 numbers worldwide to enable moderate forward movement in India EB-3 in September 2016.
In May 2016 alone, Charlie received requests for approximately 4,000 EB-1 numbers worldwide, including China and India. He indicated that it is highly likely there will be a cut-off date imposed for China EB-1 and India EB-1 in either August or September of this year, although both categories should become current again at the beginning of the new fiscal year, commencing October 1, 2016. Charlie indicated that a cut-off date will not be imposed for the EB-1 preference category – outside of India and China – this fiscal year.
We continuously monitor preference category movements and trends as they arise and advise clients of any impact on their immigration matters.