December 2011 Visa Bulletin – EB-2 India and China Advance by Four and a Half Months; Slow Movement in EB-3; FB1 Advances Again; Moderate Movement in FB2A

The U.S. State Department just released the December 2011 Visa Bulletin which is the third Visa Bulletin for the FY2012 fiscal year.    The major headline in the upcoming month’s bulletin is the significant forward movement in EB-2 India and China (four and a half months) and the continued forward movement in FB1.

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

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

• EB-1 remains current across the board.
• EB-2 remains current for EB-2 ROW, Mexico and Philippines.   EB-2 India and EB-2 China both move forward by four and a half (4.5) months to March 15, 2008.
• EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by only three (3) weeks to January 15, 2006, EB-3 China  moves forward by two (2) weeks to September 8, 2004, while EB-3 India  moves forward by only one (1) week to August 1, 2002.
• The “other worker” category remains unchanged (again) at  April 22, 2003 for China.  It moves forward by one and a half (1.5) months for ROW, Mexico and Philippines to January 1, 2006.  It also moves forward by five  (5) weeks for India to July 22, 2002.

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

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

• FB1 moves forward (again, for third consecutive month).  FB1 ROW, China and India all move forward by five (5) weeks to September 1, 2004.   FB1 Mexico moves forward by one (1) week to April 8, 1993 and FB1 Philippines moves forward by three (3) weeks to March 1, 1997.
• FB2A moves forward by five (5) weeks to March 22, 2009 for ROW, China, India, and Philippines.  FB2A Mexico moves forward by two (2) months to February 8, 2009.
• FB2B ROW, China and India move forward by two (2) weeks to August 15, 2003.  FB2B Mexico remains unchanged at November 22, 1992.  FB2B Philippines moves forward by one (1) month to August 15, 2001.

Substantial Movement in EB-2 India and China Continues;  Slow Movement  for EB-3; Continued (for Third Month) Forward Movement in FB1

One of the major headlines this month, in the second Visa Bulletin for the Fiscal Year 2012 is the continued substantial forward movement in EB-2 India and China.    This is a confirmation of the Visa Bulletin Predictions provided by our office after meeting Mr. Charles Oppenheim on October 26, 2011.   The slow movement across EB-3 continues, unfortunately.

We see continued forward movement in the FB1 category which, for several months, had not changed.   Although the movement is only of five weeks, it is still a notable movement, especially when added to the five week movement in the October 2011 and November 2011 Visa Bulletins.   We continue to see the FB2A category move forward, although by not as much as we saw for the last few months and after the significant retrogression during the months before.

EB-2 China and India Predictions

While this month’s Visa Bulletin is silent on anticipated movements in the cutoff dates over the next months, we can share some predictions and expectations for the movement of the cutoff dates over the next several Visa Bulletins.  Two weeks ago, on October 26, 2011, our office met Mr. Charles Oppenheim who shared some of his thoughts on the anticipated movement of the cutoff dates.   While the significant advancement in the EB-2 China and EB-2 India categories over the past few months is expected to generate significant demand, the expectation, as of now, is that there may be more significant cutoff date movements in the future, or at least in the January 2011 Visa Bulletin.   According to the State Department, such movements may not be on a monthly basis and should not be expected to last throughout the next fiscal year.  If the number of filings indicates high demand for EB-2 China and India, a retrogression is possible.  However, after meeting Mr. Oppenheim on October 26, 2011, he indicated that he expects to advance EB-2 India and EB-2 China significantly at least in this December 2011 Visa Bulletin and, possibly, in the January 2012 (next month’s) Visa Bulletin.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of this significant movement in the cutoff dates across many of the categories, specifically in EB-2 India and EB-2 China.   Those applicants whose priority dates are current as of the December 2011 Visa Bulletin may be eligible to process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.   Please do not hesitate to contact us if our office can help you take advantage of this significant forward movement in the cutoff dates.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the December 2011 Visa Bulletin.  Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.