June 2014 Visa Bulletin – EB-3 ROW/China and FB-2A Major Retrogression; EB-2 India Remains Unchanged

The U.S. State Department has just released the June 2014 Visa Bulletin which is the ninth Visa Bulletin for the FY2014 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the significant retrogression in EB-3 ROW and China, the significant retrogression in FB-2A and the lack of movement in EB-2 India.

Summary of the June 2014 Visa Bulletin – Employment-Based (EB)

Below is a summary of the June 2014 Visa Bulletin with respect to the employment-based categories:

• EB-1 remains current across the board.
• EB-2 for ROW, Mexico and Philippines are all current.    EB-2 India remains unchanged (again!) at November 15, 2004 but some forward movement is expected over the remaining few months of the fiscal year.  EB-2 China moves forward by five (5) weeks to May 22, 2009.
• EB-3 ROW, China and Mexico retrogress significantly – EB-3 ROW and EB-3 Mexico move back by 18 months to April 1, 2011 while EB-3 China moves back by six (6) years (!) to October 1, 2006.    EB-3 Philippines moves forward by two (2) months to January 1, 2008, while EB-3 India  moves forward by only two (2) weeks to October 15, 2003.
• The “other worker” categories for ROW, China and Mexico also retrogress significantly – EB-3 ROW and EB-3 Mexico move back by 18 months to April 1, 2011 while EB-3 China moves back by nine  (9) years (!) to October 1, 2003.    EB-3 Philippines moves forward by two (2) months to January 1, 2008, while EB-3 India  moves forward by only two (2) weeks to October 15, 2003.

Summary of the June 2014 Visa Bulletin – Family-Based (FB)

Below is a summary of the June 2014 Visa Bulletin with respect to family-based categories:

• FB-1 ROW, China and India all move forward by two (2) weeks to March 22, 2007.   FB-1 Mexico moves forward by one (1) month to December 15, 1993 and FB-1 Philippines moves forward by four (4) months to June 1, 2002.
• FB-2A retrogresses significantly for all everyone – it moves back by fifteen (15) months to May 1, 2012 for ROW, China, India and Philippines.  It also moves back by thirteen (13) months to March 15, 2011 for Mexico.

EB-2 India Remains Unchanged  – But Some Forward Movement Expected Soon

Unfortunately, no news for EB-2 India means continued disappointment in the lack of movement in this category.   The reason for this lack of movement has been the significant demand and pending cases at USCIS.  However, as we reported a week ago, Mr. Oppenheim’s Visa Office at the Department of State plans to move EB-2 India forward by the end of the fiscal year to around January 1, 2008.

EB-3 ROW/China Retrogress Significantly

Another unfortunate development in this month’s Visa Bulletin is the retrogression in EB-3 ROW, Mexico and China.    EB-3 ROW and Mexico retrogress by 18 months while EB-3 China moves back by six years.

Over the past few months we have been seeing in our practice and reporting in our updates of an increase rate of filings (I-485/NVC) in these categories and the upcoming retrogression is an indication that USCIS have enough cases to distribute the annual number of green cards.    This sharp and major slowdown in EB-3 ROW/China is in line with our expectations.    We urge all EB-3 ROW, Mexico or China applicants who have not filed their I-485 applications to do so immediately and by the end of the month (contact us if we can help).

Perhaps a tiny glimmer of light in this, otherwise gloomy Visa Bulletin, is the presence of (a small) forward movement in EB-3 India.

EB-3 China Sharp Retrogression vs. EB-2 China Forward Movement

Over the past several months our office has handled many inquiries from Chinese nationals who are EB-2 applicants and who have considered or have actually refiled their cases under EB-3 in the expectation that EB-3 China would be a faster way to get a green card.

While we have been able to secure an I-485 filing for a number of EB-2 to EB-3 China “downgraders”, we have been urging many EB-2 China applicants to stay under EB-2 because of our expectation that, ultimately, an EB-2 China green card will be approved faster.   This month’s six-year retrogression in EB-3 China confirms our recommendations that an EB-2 China green card will take less time, on average, than EB-3 China filing.

FB-2A Retrogresses

Another notable (and unfortunate) development is the somewhat significant retrogression in the FB-2A categories.    The demand in this category has been high over the past months and, as a result, the dates have been moved back to “slow” down the rate of new filings in this category.

Current Priority Date?

Our office stands ready to assist in the applicable process to take advantage of a current (or close to current) priority date.   Those applicants whose priority dates are current as of the June 2014 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.      This is even more important for those applicants who are current as of the May 2014 Visa Bulletin but will not be current any longer under the June 2014 Visa Bulletin.    Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications.    We are also happy to provide a free quote for preparing and filing your I-485 application.

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 June 2014 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.