October 2012 Visa Bulletin

The U.S. Department of State (DOS) released its October 2012 Visa Bulletin. The Visa Bulletin sets forth per country priority dates that regulate the ability of an individual to file an adjustment of status application or consular process at a U.S. Embassy.  Foreign nationals can file the adjustment application if their priority dates are prior to the cutoff dates specified by the DOS in the Visa Bulletin.

What does the October 2012 Visa Bulletin look like?

 

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

01JAN12

15JUL07

01SEP04

01JAN12

01JAN12

3rd

22OCT06

08FEB06

15OCT02

22OCT06

01AUG06

Other Workers

22OCT06

22JUN03

15OCT02

22OCT06

01AUG06

4th

C

C

C

C

C

Certain Religious Workers

U

U

U

U

U

5th
Targeted
Employment Areas/
Regional Centers

C

C

C

C

C

5th Pilot Programs

U

U

U

U

U

 

The bad news is that EB-2 India is backlogged to 2004.  That means there is only a two-year difference between the EB-2 and EB-3 categories for Indian nationals.

The EB-2 ‘all other chargeability’ category is expected to become ‘current’ in November.  We will monitor this closely.

Visa availability and cutoff dates are determined on a monthly basis by DOS based on anticipated demand. These dates can move forward, backward or remain unchanged. Employers and employees should monitor the monthly Visa Bulletins so they can properly plan their immigration cases.

For more information, or if you have any questions regarding the Visa Bulletin, please feel free to contact us.