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INDIA ABROAD JANUARY 6, 2017 48 IMMIGRATION
Immediately following publication of each month's visa
bulletin, Charles ("Charlie") Oppenheim, chief of the Visa
Control and Reporting Division, U.S. Department of State,
gives his analysis of current trends and future projections
for the various immigrant preference categories.
EB- 4 number usage and per country limits: As of mid-De-cember, Mexico has almost reached its EB- 4 per country
annual limit, and EB- 4 El Salvador, Guatemala, and Honduras has used approximately 75 percent of their available
numbers. Though these countries will benefit from additional "otherwise unused numbers" from other countries,
because there is significant (combined) demand from
other countries, those numbers are likely to be smaller
than in prior years.
India has used more than 40 percent of its EB- 4 per-country limit, attributable to EB- 4 religious workers as
well as some SIJS. If usage continues at this pace, Charlie
expects that a final action cut-off date will need to be imposed for EB- 4 India at some point in the spring or summer months.
EB-1: Based on current demand, Charlie continues to predict that a final action cut-off date will need to be imposed
for EB- 1 India and EB- 1 China later this fiscal year.
EB-2: Charlie expects to impose a final action cut-off date
for EB- 2 Worldwide at some point due to sizeable demand
across the board in this category. Pent up demand from
cases that otherwise would have been approvable in August and September last fiscal year are partly responsible
for this surge in demand, as are EB- 3 India upgrades.
China has already exceeded its EB- 2 quarterly limit, so
there is unlikely to be any major forward movement in
this category.
Oppenheim continues to hope that EB- 2 India will re-cover to the November 22, 2008 final action date from
May 2015. However, EB- 3 upgrades could negatively impact that recovery.
EB-3: The worldwide demand for EB- 3 has dropped a bit,
which allowed Charlie to advance this category a bit in
January. At some point, when EB- 2 Worldwide becomes
subject to a final action cut-off date, we may see an EB- 3
downgrade phenomenon which to this point has only
been seen with regard to China.
EB-5: China should continue to advance, but is expected
to do so very slowly, up to a few weeks at a time. Charlie
reports huge demand for EB- 5 Worldwide. Historically,
China captured 80 percent of the available numbers in
this category, whereas last year, China's share of EB- 5
Worldwide dropped to 75 percent.
On family-based categories, Charlie reports that F- 4
China and F- 4 India should continue to move steadily
along.
MUSINGS ABOU T DEMAND FOR VISA NUMBERS
Over the past year, Charlie has reported that demand has
increased significantly across most categories. It is unclear whether uncertainty with regard to the new administration has already impacted demand or whether it will
spur additional demand in the coming months. As Char-lie's predictions are based on visible demand trends, these
predictions may change if demand changes.
Allen E Kaye, a Phi Beta Kappa graduate of Queens College of the City of New York, Columbia Law School (JD)
and New York University Law School (LLM), is the
President of the Law Offices of Allen E Kaye and Associates and Of Counsel to Pollack, Pollack, Isaac and DeCicco. He is a past national president of the American
Immigration Lawyers Association and co-chair of the
Immigration Committee of the Queens County Bar Association. He has been selected by Martindale-Hubbell
as a 2014 “Top Rated Lawyer” in the practice of Labor
and Employment (for Immigration) and the 2017 Edition of The Best Lawyers in America.
Questions for publication may be sent to Kaye at 225
Broadway, Suite 307, New York, NY 10007, or by email
at AllenEKaye5858@gmail.com or aek@ppid.com
Visa availability
AVAILABILITY OF IMMIGRANT VISA NUMBERS – JAN
All Chargeability Areas Except
Countries Separately Listed China India Mexico
Unmarried Sons and Daughters of United States citizens (F1) 08JAN10 08JAN10 08JAN10 22APR95
Spouses and Unmarried Children of Permanent Residents – (F2A) 22MAR15 22MAR15 22MAR15 08MAR15
Unmarried Sons and Daughters
( 21 Years of Age or Older) of Permanent Residents (F2B) 08JUN10 08JUN10 08JUN10 15OCT95
Married Sons and Daughters of US Citizens (F3) 15MAR05 15MAR05 15MAR05 15DEC94
Brothers and Sisters of Adult US Citizens (F4) 22JAN04 22NOV03 15MAY03 15MAY97
EMPLOYMENT-BASED CATEGORIES
1st Priority Workers (E1) C C C C
2nd Professionals Holding Advanced
Degrees or Persons of Exceptional Ability (E2) C 22SEP12 01FEB08 C
3rd Skilled Workers and Professionals (E3) 01JUL16 01JUL13 15MAR05 01JUL16
Other Workers (Unskilled Workers) (EW) 01JUL16 01SEP05 08MAR05 01JUL16
Certain Special Immigrants (E4) C C C 15JUL16
Certain Religious Workers (SR) (E4) C C C 14JUL16
Employment Creation
(Investors in Targeted Employment Areas) (E5) C 22MAR14 C C
Pilot programs (E5) C 22MAR14 C C
C = Current; Cut-off date The cut-off date for an oversubscribed country is the priority date of the first applicant who could not be reached
U = Unavailable within the statutory limits. Only applicants who have priority dates earlier than the cut-off date may be allocated a number.
All Chargeability Areas Except
Countries Separately Listed China India Mexico
EMPLOYMENT-BASED CATEGORIES
1st C C C C
2nd C 15OCT12 15APR08 C
3rd 01AUG16 08SEP13 15MAR05 01AUG16
Other workers (Unskilled) 01AUG16 01DEC05 15MAR05 01AUG16
4th (Certain Special Immigrants) C C C 15JUL15
4th (Certain Religious Workers) C C C 15JUL15
5th (Non-Religious Workers) C 08APR14 C C
5th (Regional Center) C 08APR14 C C
Final dates for filing employment-based visa applications
EB- 2, E- 3 cut-off advances as
demand drops: Oppenheim
