Between May and June 2015, a lot has changed on the Department of State Visa Bulletin. This document is updated every month and reflects the length of the wait period for different categories of people who are pursuing permanent residence in the U.S. through both employment and family relationships.
EB-2.
The biggest movement we see this month is for the second employment-based immigration category – EB-2. For everyone but nationals of China and India, this category is current, as it has been for years. The wait list for Chinese and Indian applicants reflects the per-country limits found in the Immigration and Nationality Act, and the large number of employers seeking permanent status for their employees from those countries. Between May and June 2015, EB-2 India jumped from April 15, 2008, to October 1, 2008. This category moved 7.5 months from April to May as well, so the Department of State has been aggressive with this category. However, it is not expected to move as much at all in the coming months owing to the fact that overall EB-2 demand has been so high that there are no unused EB-2 numbers flowing into EB-2 India. EB-2 China has moved an astounding year from May to June 2015 – from June 1, 2012, to June 1, 2013. In liaison meetings, the Department of State has revealed that this jump is due to low demand in this category.
EB-3.
Worldwide EB-3 remains almost current, moving from January 1, 2015, to February 1, 2015. For many employers, therefore, and especially at this time of year, right after the H-1B lottery, it could be much faster to get permanent residence for an employee than a temporary work visa. The exception, of course is for India and China. EB-3 India remains quite backlogged, moving only week to January 22, 2004. On the other hand, EB-3 China moved four months forward to September 1, 2011. EB-3 Philippines was retrogressed dramatically this month, from July 1, 2007, all the way back to January 1, 2005. The Department of State explains this is because they were surprised by the “totally unexpected” demand in that category recently. In liaison notes, the Department indicated it may need to make even further corrective action in that category.
China EB-5.
EB-5 is the permanent residence category for investors. There is also a temporary visa classification for investors that requires less money in some cases, but this category is for the “green card.” Many Chinese investors have applied for permanent residence through this category, so much so that a wait list has developed. Applicants with priority dates from before May 1, 2013, can now apply for permanent residence. This date is the same as in April 2015 and is not expected to advance right away.
Family-Based Categories.
The family based preference categories continue to advance at a regular but slow pace. The exception is FB-4 Mexico, the family-based category for brothers and sisters of U.S. citizens. The category went backwards from July 15, 1997, to March 1, 1997. The Department of State notes this is because many documentarily qualified applicants with early priority dates responded to Fee Bills sent out in recent months.