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January Visa Bulletin: F2A stays at 9/8/2013, while other Family-Based categories inch forwards; EB-3 advances 6 months (except for India); EB-3 remains ahead of EB-2 for Chinese nationals

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).

Family-Based Categories

Mexican Family-Based categories were static other than F4, which saw a small 10 day advancement. Most other categories saw 3-6 week advancements:

• F1 will advance to December 8, 2006 (other than the Philippines and Mexico, which did not advance).
• F2A remains paused at September 8th, 2013 for the 4th consecutive month.
• F2B will advance about 1 month (other than Mexico).
• F3 will advance about 6 weeks to April 15, 2003, other than the Philippines, which advances about 10 days to February 1, 1993, and Mexico, which did not advance.
• F4 will advance about about 4 weeks to October 1, 2001, other than Mexico, which advances about 10 days to November 1, 1996, and the Philippines, which did not advance.

Employment-Based Categories

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.

• EB-2 China will advance to December 8, 2008.
• EB-3 China, Mexico, and “All Other Chargeability Areas” will advance April 1, 2012.
  
• EB-3 Philippines will advance about 6 weeks to February 15, 2007.

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.

TAGS: China, DOS, EB2, EB3, Employment-Based Immigration, Family-Based Immigration, India, Visa Bulletin