November 2014 Visa Bulletin – EB-2 India Major Retrogression to February 2005; EB-3 Advances Significantly

The U.S. State Department has just released the November 2014 Visa Bulletin which is the second Visa Bulletin for the FY2015 fiscal year.   The major headline in the upcoming month’s Visa Bulletin is the major retrogression in EB-2 India (February 2005) and the significant forward movement in EB-3 (except India).

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

Below is a summary of the November 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 retrogresses significantly by almost four (4) years to February 15, 2005.    EB-2 China moves forward by three (3) weeks to December 8, 2009.
• EB-3 ROW, Mexico and Philippines advance by eight (8) months to June 1, 2012.   EB-3 China advances by eight (8) months to January 1, 2010 while EB-3 India  advances by only one (1) week to November 22, 2003.
• The “other worker” categories for ROW, Mexico and Philippines advance by eight (8) months to June 1, 2012.   EB-3 China remains unchanged at July 22, 2005 while EB-3 India  advances by only one (1) week to November 22, 2003.

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

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

• FB-1 ROW, China and India all move forward by two (2) weeks to June 8, 2007.   FB-1 Mexico moves forward by two (2) weeks to July 8, 1994 and FB-1 Philippines moves forward by two (2) months to November 1, 2004.
• FB-2A moves forward again (but not as much as last month) – it moves forward by one (1) month to March  1, 2013 for ROW, China, India and Philippines.  It also moves forward by two (2) months to September 22, 2012 for Mexico.

Expected Major EB-2 India Retrogression

After the significant forward movement over the past few months in EB-2 India, and the recent signals about the upcoming EB-2 India retrogression, this months’ Visa Bulletin major retrogression for EB-2 India was expected.

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 last fiscal year (September 30th).     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 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 couple of weeks before the retrogression in EB-2 India from November 1.

EB-3 Moves Forward Significantly

Another notable development in the November 2014 Visa Bulletin is the notable forward movement in the EB-3 categories.    Most of the EB-3 categories have advanced by eight months, on top of the significant forward movement in the October 2014 Visa Bulletin. This should be welcome news to many EB-3 applicants (except EB-3 India) who may be eligible for I-485 filings or processing of their immigrant visas at the U.S. Consulates abroad.    We are happy to provide a free quote for preparing and filing your I-485 application.

Anticipated Visa Bulletin Employment Cutoff Date Movements

Below are the anticipated movement of the cutoff dates over the next several months.

EB-1.   This category is expected to remain current throughout the fiscal year.

EB-2 Rest of World (ROW).  This category is expected to remain current throughout the fiscal year; however, depending on demand, a cutoff date towards the end of the fiscal year may be introduced.

EB-2 China.  This category is expected to continue to move forward by approximately 3-5 weeks per month in each Visa Bulletin.

EB-2 India.  No forward movement.

EB-3 Rest of World (ROW).    After this month’s significant forward movement, it is possible to see certain additional forward movement to stimulate “demand” for the next several months.   Afterwards, the movement may stop or even retrogress.

EB-3 China.  Rapid forward movement expected.

EB-3 India.  Little, if any, forward movement expected.

EB-3 Philippines.  Expected to track the EB-3 ROW 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 November 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.      Similarly, EB-2 India applicants who would be affected by the retrogression and who haven not filed I-485 applications must do so before November 1, 2014.

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 November 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.