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backGLOBALtalk April, 2012

US Visa Bulletin Update: Big Gains for China and India

The U.S. Department of State's Visa Bulletin for February 2012 shows especially big forward movement for the employment-based ("EB") second preference immigrant visa for China and India.

EB2 India and China advanced to January 1, 2010 from January 1, 2009. This continues the trend. The Visa Bulletin attributes the rapid change to extremely low number of new filings for adjustment of status in recent months and warns that it may be necessary to slow or stop the movement in the future, with retrogression of dates a distinct possibility.

As reported earlier, it is not unusual to see forward movement stall and subsequent retrogression in months later in the fiscal year or when the next fiscal year starts when dates advance forward so quickly. Therefore, important to plan accordingly. File permanent residence applications while a priority date is available and take appropriate action on pending applications to have the best chance of securing approval.

EB3 worldwide advances modestly from February 1, 2006, to February 22, 2006. EB3 India and China advanced to August 15, 2002, and December 1, 2004, respectively

As usual, the employment-based first preference category ("EB1") and second ("EB2") preference category worldwide remain current, as do the EB4 and EB5 categories.

Prospective immigrants with priority dates prior to the dates shown above will be eligible to apply for permanent residence next month. Those with priority dates prior to the dates shown above who already have applications pending with the government will be eligible to be granted resident status, assuming that the government otherwise completes its processing. The Bulletin shows visa availability in the immigrant visas classifications, so long as the prospective immigrant has a priority date prior to the date reported.

Explanation of Immigrant Visa Categories

Family-Based (FB)

1: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

2: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

2A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

2B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

3: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

4: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

Employment-Based (EB) Categories

1: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

2: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

3: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

4: Certain Special Immigrants: 7.1% of the worldwide level.

5: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395

Source: Baker McKenzie - GAI

For more information or to contact Baker & McKenzie, please click here.

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