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

[playingwaitinggame]

I hope "dramatically" stands for year-end 2003.

[sharon edwards]

my PD is Oct2004,F4 when will i be notify,plz comment,thanks.

[sharon edwards]

my PD IS OCT 2040 F4 can you tell me when will be notified,thanks.

[raj]

My PD is Aug2002 EB3 India category.With the current trean can you predict how long more i have to wait for the approval?

[raj]

My PD is Aug2002 EB3 India category.With the current trend can you predict how long more i have to wait for the approval?

[Juliet Obciana]

my priority dates is march 1995 under F3 CATEGORY when i receive my packet.

[Ej]

My wife's PD is Oct 2006, EB3, please can you tell me when do think she will be due.

[bhullar]

hello Sir, My priority date is Aug 2001 in F4 category and I think my case is on the visa bulletin is current now. when receive a Packet.

[ASHVANI KUMAR]

HELLO SIR MY MOTHER APPLIED FOR F3 VISA MY MY PRIORITY DATE IS SEPTEMBER 2004.PLEASE TELL MY EXPECTED DATE WE RECEIVED VISAS

[vhiey simbre]

hello sir..we handled a first letter from visa center last july 2009..my priority dates is september 2005 categories of f2b..how long it takes i need to wait..thanks..

[jenny soriano]

HELLO SIR,
my boyfriend is a green card holder already and we're planning to get married so that he can apply a petition for me. I'm worried coz i had once went in europe and overstayed my visa there for 1 year. does it affect my visa issuance from US in the future?

[Rosalyn Cortez]

My priority date is March 4 2002 under f2b, in septmenber 2010 the cut off date is August 1, 2002. It means that i have a visa already? why my case status is still post decision activity. My Mom who file the petition for me doesn't receive a letter and also me. Im waited for so long about 8 years. Please help me. Thank's

[larry]

Our Priority Date F3 nov. 1994 when will we get our packet? thank you.

[trans]

Hello sir,
Im in F2b and my PD Nov 2003. I just want to know if im suppose to receive anything from NVC before my PD become current. for some they receive the choice of agent b4 their pd become current.
Hope you could give me an advice sir.

[h]

my father is a us citizen.he wants apply his sister so can you tell me how long she will be here?? please comment

[Paula]

I am EB 3 Dec 2005 - How long do you think it will take now to become current?

[davor]

Hi Carl,

My priority date is Jan 2008,
EB 3 - Worlwide Professional/Skilled
any indication/prediction you can provide when I can expect my Green Card processed?

Thanks in advance,

[brady s. perez]

my father is now a dual citezen he wants to stay here in p.i. for goods..my priority date is july 2005 under f3 category..do i need my father is in the u.s. land?what advice will you say about my case?

[subrata basu]

my sister in law is a usa citizen, she applied for a petition for my wife on 2nd ,feb,2003 from new orleons(LA) , her papers are to be proceesed from california service centre ,her case is approved , can you tell me when it will be ready please comment,thanks.

[Fritz Smiley]

Hi my parents are permanent resident of U.S. A. who migrated year 2008. They filed a petition for me and for my brother dated July 2009. I am 33 years old and my brother is 26 years old both of us are still single. What year can you estimate that our visa number will be current?

[xtal]

pls sir, how long is it likely to take to get called up for an interview, after submitting all required forms and also outstanding documents? fl category. thanks

[UMESH DESAI]

MY F4 FAIL SUB IN 2005 APRIL HOW MUCH TIME FOR A VISA CALL

[Harnoor Sidhu]

Sir,my file is filled in June 2002. my case is NWD 2005836004. when would we get our first letter about our case.
please help
its already viewed in internet at www.uscis.gov
sir please give the news

[sharie]

my PD is Jan 2005 how log to wait before date becomes current

[ritu karki]

my name is ritu karki . my father is a permanent resident and had filed my petition of unmarried daughter over 21 years i.e 2(b)in august 2006.as i was seeing that priority dates were moving ahead with a very rapid pace but this months visa bulletin i.e of jan 2011 shows a dramatic set back..it went back approx 2 years. now it is in 2003 . i m really concerned when will i be able to meet my parents. please do reply me..will this visa bulletin will move again in rapid pace or not?