February 2013 Visa Bulletin

The U.S. Department of State (DOS) released its February  2013 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 February:

Family-Sponsored

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

15JAN06

15JAN06

15JAN06

15JUL93

08MAR98

F2A

22OCT10

22OCT10

22OCT10

08OCT10

22OCT10

F2B

15JAN05

15JAN05

15JAN05

15DEC92

15MAY02

F3

08JUL02

08JUL02

08JUL02

08MAR93

22AUG92

F4

15APR01

15APR01

15APR01

01AUG96

01JUN89

 

For employment-based categories in February:

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

15JAN08

01SEP04

C

C

3rd

15MAR07

15NOV06

15NOV02

15MAR07

22AUG06

Other Workers

15MAR07

01JUL03

15NOV02

15MAR07

22AUG06

 

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.