September 2010 Visa Bulletin – The Great Leap Forward?

For the past three years, all of our articles about the monthly Visa Bulletin have been filled with gloom and doom as the EB numbers continued to retrogress.  Absent a legislative fix, we are not about to uncork any bottles of champagne this month.

However, we would be remiss if we failed to note that the August 2010 Visa Bulletin contains welcome news for many of those waiting for their visa numbers to become current:

 

·    Family Categories - Worldwide

o   The 1^st preference category (unmarried adult sons and daughters of U.S. citizens) moved forward 4 months;

o   The 2A preference category (spouses and unmarried children of permanent residents) jumped ahead 8 months;

o   The 2B preference category (unmarried adult sons and daughters of permanent residents) also jumped ahead by 8 months;

o   The 3^rd preference category (married sons and daughters of U.S. citizens) moved forward 4 months; and

o   The 4^th preference category (brothers and sisters of U.S. citizens) jumped ahead 5 months.

 

·    Employment Categories

o   EB-2 (persons of exceptional ability and those with advanced degrees) China moved forward over 3 months while India jumped ahead 5 months;

o   EB-3 worldwide (professionals and skilled workers) sprinted forward by 9 ½ months; and

o   EB-3 worldwide (unskilled workers) charged ahead by almost a full year.

 

Does this mean that “Happy Days are Here Again!”?  Hardly!  Millions of people including many professional workers are forced to wait way too long for green cards.

However, for a few thousand people, including many of our clients, the August Visa Bulletin is a dream come true.

What about would-be immigrants from India and China who have been waiting for many years for their green cards?

The August Visa Bulletin holds out some hope:

 

“E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF “OTHERWISE UNUSED” NUMBERS

INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.”

 

English Translation – Although Indian and Chinese EB dates will, no doubt, retrogress come October, in September, the EB dates for these two countries will jump forward, perhaps dramatically.

Comments

[lpr]

does this mean there is a hope that bulletin at September will show the same jump? plz help i need just one month jump, what do u guess Sir?

[mk]

My mother is a US citizen and she has filed a petition for her married children over the age of 21 in Jun 2003. What do you think how long it will take for them to come to US?

[mk]

I forgot to metion that they are in india.

[Shubhasis Deb]

Hello Sir, could you please comment on EB3(India) for September VB. Actually, per demand number used in August VB, CY-2010, EB3 ROW has 42671 that many visas. Not sure if there is any unused. If so then spillover can be used, right?? and it should jump EB3-India PD to 2005. Please comment. Very eargerly looking forward to your comments. Thanks

[Mario B. Gutierrez]

My approved petition is August 1993, when will I be notified of my petition? I inquired a couple of times at NVCInquiry@state.gov about the status of my petition but can't get a positive reply.

[mainul]

My mother is a US citizen and she has filed a petition for her married children over the age of 21 in nov 2004. What do you think how long it will take for them to come to US?

[Benelli]

Priority date May 2003, EB3 India. I will buy you a dinner at 3 Forks here in Dallas if my PD is hit.

[memol]

My F4 Philippines Priority Date is September 1990. when will this become current? When will i recieve packet?

[Rahul]

F4 August 2004. When will it be current??

[Yasi]

HI sir:

My sister are in USA citizen and she sponsered me in feb 2007, now my case has been approved, do u have any idea how much time this will take to finalyze...as per my understanding and previous record of 6 month in which around aboutn 3 1/2 year passed if this will run like this then my number will hopefully come after a year, what you will say ??? please comment

[KK]

My PD is April 2008..will i even get a GC????

[Annabel G. Tapawan]

Our PD is F3 Nov 94. When will we get our packet?Thank you.

[Annabel G. Tapawan]

Can you enlighten me how the CSPA applies? I have two sons who will be left out once our PD becomes current . but they are originally included in the petition. Thanks, again.

[Shiva]

the million $$ q is what "dramatically" stands for?

will it present an opportunity to many who are still waiting to file i485....

[anonymous]

priority date April 2002..waiting since the last 8 years!!!!

[anonymous]

Sorry Category is EB3 INDIA

[Shrikant]

Big mistake Anonymous. Should have ported over to EB2 when you had the chance.

But wait! Look who is talking. I am in the same boat (PD June 2002). LOL

[annalyn l. ochoa]

our category is unmarried sons and daughters of a resident citizen and our priority date is may 2003.. when do you think can we expect notification for our petition?

[me.yahoo.com/a/ghNs4HIPt54iBE.jXlOMwUMHAGnhjNR3]

My sister-in-law a USA citizen has has sponsered my husband October 2004,his case has been approved.by any chance can you tell me when it will be ready please comment,thanks.

[Tenzin]

My case has been approved by the USCIS.My 2B preference priority date is 16 october 2006.can u tell me how long i have to wait.please comment.

[Darshan]

My priority date for F2B will be current anytime soon....My dad filed for me(unmarried son) on Green Card base.. Priority Date is Aug, 2005....
Does my Dad has to be in USA when my priority date goes current.... He is moving between US-India but main HUB is in India...

Hope somebody will shine light on this...

[Rose Cortez]

My PD is March 2009 and is now available,I'm presently here in the USA and my DS lapse since Aug 2008. Will my petition still qualify for processing?

[cherry]

what year they gonna process next month.

[Anwarhusain G Shaikh]

Sir,my file is filled in feb-2004 and i am still waiting for number.
when can expect my case to be finally get call for interview call.
can you give exact period.
please help.

[HARPREET SINGH]

MY PETION F4(BRO/SIS CETIZEN USA ) FILED JUNE 2004 AND APROVED , HOW MUCH TIME WILL NOW TAKEN TO GET VISA AS PER FAST NUMBERS OF VISA