September Visa Bulletin - A little Movement

The September Visa Bulletin was released by the Department of State and does show a little movement forward in certain categories.  First we will look at the family based immigrant visas.  In this area, there was not much movement forward, but a few notable movements are:

• Unmarried sons and daughters of US Citizens:  Moved forward about 1 month to May 2007 for most countries.
• Spouses and Children of Permanent Residents:  Moved forwards about 6 months to January 1, 2013 for most countries.
• Unmarried Sons and Daughters of Permanent Residents:  Moved forward about 2 months to September 1, 2007
• The other categories had little to no movement.

In the employment Based Categories there were only two areas in which there was movement:

• India in the 2nd preference moved forward from January 22, 2009 to May 1, 2009.
• In addition the Philippines moved forward in both the 3rd preference and All other categories from June 1, 2010 to April 1, 2011 – almost a one year jump.

While it is good that India is moving forward in the 2nd preference, this is what the DOS stated in terms of the movement forward for India in the 2nd preference for the coming months:

“The use of potentially “otherwise unused” Employment numbers prescribed by Section 202(a)(5) of the Immigration and Nationality Act (INA) has allowed the India Employment Second preference cut-off date to advance very rapidly in recent months. Continued forward movement of this cut-off date during the upcoming months cannot be guaranteed, however, and no assumptions should be made until the dates are formally announced. Once there is a significant increase in India Employment Second preference demand it will be necessary to retrogress the cut-off date, possibly as early as November, to hold number use within the fiscal year 2015 annual limit.”

We shall keep you updated if the DOS releases any additional guidance

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.