December 12, 2013
The Department of State has released the January Visa Bulletin, which shows incremental advancement in cutoff dates for most Family-Based categories, and a 6-month jump forward in cutoff dates for all EB-3 categories (except India).
Mexican Family-Based categories were static other than F4, which saw a small 10 day advancement. Most other categories saw 3-6 week advancements:
Indian Employment-Based categories did not advance from last month, but all other EB-3 categories jumped forwards by 6 months. Aside from that, the only movement was a 1 month advancement for EB-2 China.
Unlike last month, the Department of State did not offer any forward guidance regarding anticipated movement of priority dates.
Chinese nationals may consider filing I-140s in the EB-3 category
The priority date cutoff for EB-3 China is 3½ years ahead of EB-2 China, a gap that widened this month. Therefore Chinese nationals who have approved EB-2 I-140’s, but who are still facing substantial delays in the EB-2 category, may wish to consider asking their employers to file an additional I-140 petition in the EB-3 category, as this would leave them in a position where they may take advantage of whichever category becomes current first. Similarly, Chinese nationals who are just now becoming eligible to have I-140’s filed on their behalf, and who qualify EB-2, may wish to consider requesting that their employers file I-140’s in both the EB-2 and the EB-3 categories, so that they are in a position to seek permanent residence when either category becomes current for them.
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