March 2011 Visa Bulletin – FB2A Retrogresses Additionally by One Year; Slow Movement in EB; No Movement (Again) for EB-2 India

The U.S. State Department just released the March 2011 Visa Bulletin which is the sixth Visa Bulletin for the FY2011 fiscal year.    The major headline in the upcoming month’s bulletin is the major (additional) retrogression in family-based second A preference visa numbers, accompanied by the continued slow forward movement across the employment-based categories.  The retrogression in family-based categories is a surprise following recent comments by the State Department that family-based categories (especially 2A) should continue to move forward.

Summary of the March 2011 Visa Bulletin – Employment-Based (EB)

Below is a summary of the March 2011 Visa Bulletin with respect to employment-based petitions:

• EB-1 remains current across the board.
• EB-2 ROW (Rest of World), Mexico and Philippines remain current, EB-2 China moves forward by only one (1) week to July 8, 2006, while EB-2 India remains (again, for a number of consecutive months) unchanged at May 8, 2006.
• EB-3 ROW and EB-3 Philippines move forward by three (3) months to July 1, 2005, EB-3 China  moves forward by three (3) weeks to January 22, 2004, while EB-3 India  moves forward by three (3) weeks to March 15, 2002.  EB-3 Mexico moves forward by six (6) months to August 8, 2004.
• The “other worker” category remains unchanged at  April 22, 2003 for China and at May 1, 2003 for Mexico.   It moves forward by six (6) weeks to June 15, 2003 for ROW and Philippines.  It moves forward by three (3) weeks to March 15, 2002 for India .

Summary of the March 2011 Visa Bulletin – Family-Based (FB)

Below is a summary of the March 2011 Visa Bulletin with respect to family-based petitions:

• FB1 ROW, China and India remain unchanged at January 1, 2005.  FB1 Mexico moves forward by one (1) week to February 1, 1993.  FB1 Philippines moves forward by hour and a half (4.5) months to December 15, 1994.
• FB2A retrogresses even further for ROW, China, India and Philippines.  It goes back by one (1) year to January 1, 2007.  FB2A Mexico moves forward by nine (9) months to January 1, 2006.
• FB2B ROW, China and India remain unchanged at April 15, 2003.  FB2B Mexico moves forward by two (2) weeks to July 15, 1992 and FB2B Philippines moves forward by two (2) months to August 1, 1999.

Slow Movement  for Employment-based Petitions, Retrogression (for some) or Minor Movement in Family-based Priority Dates

The slow forward movement across many employment categories continues, as expected, although the movement in the employment-based categories may be very disappointing to many, especially in the the EB-2 India category which did not move at all this month, for a number of consecutive months.  The slightly positive news is that EB-3 India moved forward by three weeks (in continuation of last month’s forward movement of three weeks).

What may come as an additional negative surprise is the retrogression in the FB2A categories for ROW, China and India.  After the surprising January 2011 Visa Bulletin, when the priority dates for FB2A retrogressed by more than two years back to 2008, the March Visa Bulletin moves them back even further by one more year — to January 1, 2007.

What Are the Reasons for the FB2A Category Additional Significant Retrogression?

Simply stated, the reason for the retrogression is high demand, caused by the prompt forward movement of family-based categories over the past months.   The January 2011 Visa Bulletin showed a significant retrogression in the FB2A category, following a number of months of forward movement.  Those past forward movements have resulted in a dramatic increase in the level of applicant demand received in recent months.   This, according to the State Department, has required the retrogression of many Family preference cut-off dates for January 2011 and for March 2011 in an effort to hold number use within the various numerical limits.  Please see our analysis of the reasons behind the retrogression and the lack of movement in the FB2A category

According to the State Department, the effect of the last three months’ retrogression in this category will slow down the demand of filings in the FB2A category.  As a result, it is expected that this category will see a slow forward movement in the coming months.

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