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Dinsmore | Immigration
 
News
May 13, 2011

Changes over the May 2011 Visa Bulletin

Employment-Based Changes over Last Month’s Visa Bulletin

 

Preference Category

Chargeability

Change From Last Month’s

Visa Bulletin

EB-1

Remains Current Across-All Chargeabilities

EB-2

All Chargeability Areas

Remains Current

China

Advances 2½ months

India

Advances 3½ months

Mexico

Remains Current

Philippines

Remains Current

EB-3

All Chargeability Areas

Advances 3 weeks

China

Advances 1 month

India

Advances 1 week

Mexico

Advances 3½ months

Philippines

Advances 3 weeks

 

U.S. State Department Commentary

 

VISA AVAILABILITY IN THE EMPLOYMENT SECOND PREFERENCE CATEGORY

As mentioned in the May Visa Bulletin, Section 202(a)(5) of the Immigration and Nationality Act (INA) prescribes rules for the use of potentially “otherwise unused” Employment numbers. During May the India Employment Second preference cut-off date is governing the use of such numbers, because India had reached its Employment Second annual limit. 

 

Since October there has been heavy demand by applicants "upgrading" their status from Employment Third to Employment Second preference. The rapid forward movement of the India Employment Second preference cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new "upgrade" demand has been minimal; this has allowed the Employment Second preference cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India Employment Second preference. Note that under INA Section 203(e) all of the “otherwise unused” numbers must be provided strictly in priority date order regardless of the applicant’s chargeability.

 

Cut-off date movement for upcoming months cannot be guaranteed, and because of the variables involved, no assumptions should be made until the dates are formally announced. Should there be a sudden or significant increase in India and China Employment Second preference demand it may be necessary to slow, stop, or retrogress that cut-off date as we approach the end of fiscal year 2011.

 

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