Tag: Immigration

The U.S. Department of State (DOS) has published the January 2014 Visa Bulletin.  The December 2013 Visa Bulletin showed significant retrogression in the EB-2 category for India, true to predictions made by the DOS Visa Office in November. The January 2014 Visa Bulletin further confirms that in addition to the ongoing retrogression in the EB-2 category, there is no movement in any of the other employment-based categories for India. For China, the priority date in the EB-2 category has advanced by one month, whereas in the EB-3 category the priority date has advanced by six months. The priority date in the EB-3 category for the Worldwide and Mexico quotas has also advanced by six months. Priority cut-off dates for the most common employment-based categories are provided below. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or adjustment of status applications for permanent residence.

Employment-based, first preference (EB-1):

All foreign nationals: Current

“Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category.

Employment-based, second preference (EB-2):

• Worldwide: Current
• China: December 8, 2008
• India: November 15, 2004
• Mexico: Current
• Philippines: Current

Employment-based, third preference (EB-3) professional/skilled workers:

• Worldwide: April 1, 2012
• China: April 1, 2012
• India: September 1, 2003
• Mexico: April 1, 2012
• Philippines: February 15, 2007

Employment-based, third preference (EB-3) “other” workers:

• Worldwide: April 1, 2012
• China: April 1, 2012
• India: September 1, 2003
• Mexico: April 1, 2012
• Philippines: February 15, 2007

For specific questions or legal advice, please contact your immigration professional at Gibney, Anthony & Flaherty, LLP, or email immigrationalerts@gibney.com.

On April 1, 2014, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to cap limits for the fiscal year (FY) 2015.  Although April may seem far off, several factors including increasing demands for H-1B workers, an anticipated high volume of Labor Condition Application (LCA) filings, and the possibility of another federal government shutdown signal that it is not too early for employers to being preparing for the H-1B cap season now.

The H-1B cap for FY 2014 was reached within the first week of filing and a lottery to select H-1B petitions for adjudication was conducted for the first time since 2008. With employers filing H-1B petitions for those who missed the most recent year’s cap, as well as new petitions being filed on behalf of graduates and new employees, we anticipate that a large number of H-1B cap FY 2015 filings will result in the H-1B quota being quickly reached.  An increase in H-1B cap petitions will lead to a high volume of Labor Condition Application (LCA) filings, a required component of all H-1B petitions. Consequently, we could see significantly slower processing times and backlogs within the Department of Labor (DOL).  Furthermore, should another federal government shutdown occur in January, it is likely that the processing of LCAs would be halted, possibly impacting a company’s ability to file H-1B cap petitions on April 1st.

We urge employers to identify potential H-1B cap cases now and work with immigration counsel to ensure timely filing of cases.

If you have any questions about this alert, please contact your Gibney representative or email immigrationalerts@gibney.com.

The Department of State Visa Office recently announced its predictions regarding the future movement of priority dates. Priority dates determine the order of immigrant visa availability and essentially establish an individual’s place in line to apply for U.S. Lawful Permanent Resident status (also known as an immigrant visa or “green card”).

As of December 2013, the Employment-Based Second Preference (“EB-2”) category for Indian nationals is expected to retrogress from the present priority date of June 15, 2008 to a date in either 2004 or 2005. The Visa Office attributes this retrogression to the “upgrading” of preference category, from the Employment-Based Third Preference (“EB-3”) category to the EB-2 category, which occurs when an employer files an EB-2 case on behalf of a foreign national previously sponsored in the EB-3 category. Presently, the EB-3 category for Indian nationals has a priority date of September 22, 2003, meaning that only those Indian nationals with a priority date before September 22, 2003 are eligible for green card issuance.  Priority dates for this category are expected to continue to move slowly.

In addition, the priority date for the EB-3 category is expected to move ahead of the EB-2 category for Chinese nationals beginning in December 2013. This means that for Chinese nationals, the wait for an EB-3 priority date to become current is expected to be less than the wait for an EB-2 priority date to become current.

The Visa Office predicts that priority dates for the worldwide EB-3 category (i.e, for nationals of countries other than China, India, Mexico and the Philippines) will advance to 2011 in December 2013, from the current priority date of October 1, 2010.

The Department of State Visa Office predictions for the advancement and retrogression of priority dates are not assurances or guarantees, as visa availability from month to month is determined by usage across the various categories throughout the year, and are adjusted by the Department of State accordingly.

For additional information, please contact your designated Gibney representative or email immigrationalerts@gibney.com.