DOS Releases December 2012 Visa Bulletin

The U.S. Department of State (DOS) released its December 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.

For family-based categories in December:

 

Family-Sponsored
All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01DEC05 01DEC05 01DEC05 01JUL93 08OCT97
F2A 22AUG10 22AUG10 22AUG10 01AUG10 22AUG10
F2B 15NOV04 15NOV04 15NOV04 01NOV92 22MAR02
F3 08JUN02 08JUN02 08JUN02 01MAR93 01AUG92
F4 01APR01 01APR01 01APR01 22JUL96 22MAR89

For employment-based cases:

 

Employment- Based

AllChargeabilityAreas Except Those Listed

CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 22OCT07 01SEP04 C C
3rd 22DEC06 01JUL06 01NOV02 22DEC06 15AUG06
Other Workers 22DEC06 01JUL03 01NOV02 22DEC06 15AUG06

The Employment-Based Category Two (EB-2) India is still backlogged to 2004.  That means there is only a two-year difference between the EB-2 and EB-3 categories for Indian nationals.

It is unlikely that we’ll see significant movement in the EB-2 category for Chinese and Indian nationals in 2013 absent changes in the law.  We will monitor the situation closely and provide updates on www.bashyamspiro.com.

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.