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.

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