October 2014 Visa Bulletin – EB-2 India Unchanged with Imminent Retrogression

The U.S. State Department has just released the October 2014 Visa Bulletin which is the first Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the lack of movement in EB-2 and the expectation of an imminent retrogression in this category.    EB-3 advances nicely for everyone except EB-3 India.   FB-2A also advances slightly.

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

Below is a summary of the October 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 at May 1, 2009.  EB-2 China moves forward by five (5) weeks to November 15, 2009.
• EB-3 ROW, Mexico and Philippines advance by six (6) months to October 1, 2011.   EB-3 China advances by five (5) moths to April 1, 2009 while EB-3 India  advances by only one (1) week to November 15, 2003.
• The “other worker” categories for ROW, Mexico and Philippines advance by six (6) months to October 1, 2011.   EB-3 China remains unchanged at July 22, 2005 while EB-3 India  advances by only one (1) week to November 15, 2003.

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

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

• FB-1 ROW, China and India all move forward by three (3) weeks to May 22, 2007.   FB-1 Mexico moves forward by three (3) weeks to June 22, 1994 and FB-1 Philippines moves forward by one (1) month to September 1, 2004.
• FB-2A moves forward again (after a period of retrogression and no movement) – it moves forward significantly by one (1) month to February 1, 2013 for ROW, China, India and Philippines.  It also moves forward by three (3) months to July 22, 2012 for Mexico.

EB-2 India No Change This Month; Retrogression Coming in November

After the significant forward movement over the past few months in EB-2 India, this month’s Visa Bulletin suggests that the trends is about to reverse.    The fact that there is no movement in EB-2 India, combined with the Visa Bulletin note that a retrogression in this category is imminent confirms 0ur expectation that the high rate of recent I-485 filings and I-485 approvals are creating sufficient demand in EB-2 India to force the Department of State to move the cutoff dates backwards.

Over the past few months there has been increasing buildup in the amount of applications waiting for a movement in the EB-2 India category and our office had expected some movement to occur towards the end of the fiscal year.     Our office has been increasingly busy with new I-485 filings (for those who are becoming current this or next month) or for handling I-485 requests for evidence (for those who had pending I-485 applications but had expired medicals).

There are still many EB-2 India applicants who are current as of September and October 2014 and who have not filed (or interfiled) their or their dependents’ I-485 applications.   We urge all of these applicants to consider filing I-485 over the next few months and before the expected retrogression in EB-2 India.

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 October 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.      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 October 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.