Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
The US Department of State has issued the October 2012 Visa Bulletin. The DOS Visa Bulletin lists visa availability to inform foreign nationals of when they can file an immigrant visa application or application for adjustment of status to obtain a green card as a US permanent resident based upon an immigrant visa petition filed by them or on their behalf. The dates listed are the priority dates for immigrant petitions. A visa is available if your priority date or an earlier date is listed for your category and country of chargeability.
The October 2012 Visa Bulletin becomes effective on October 1, 2012. Until then the September 2012 Visa Bulletin remains in effect.
Since October 1st is the start of the government’s new fiscal year which means new visas are available. This is good news for the EB-2 category, which ran out of visa last year. Visas are now available for EB-2 for China and India, even though they are still backlogged to 2007 for China and 2004 for India. The DOS has decided not to make the EB-2 category current this month for everyone else, but to move it to January 1, 2002 instead. This is so that there is not a flood of applicants in October, which would make it harder for the DOS to predict visa numbers in the future. It is expected that the EB-2 category will be current for everyone except China and India in November.
FAMILY BASED IMMIGRATION CATEGORIES
Immediate Relatives: Spouses, Parents, and Unmarried Children Under 21 of US Citizens: Immediate Relative petitions do not have a limit on visa avilability. They are not listed on the Visa Bulletin because there is no wait for a visa to become available for Immediate Relative petitions.
First Preference (F1) Umarried Sons and Daughters of US Citizens: Visa availability for the Philippines had a nice jump from November 8, 1994 to April 1, 1996. This is not yet back to where it was before retrogression in August, but it is a start. Availability for Mexico moved from June 8, 1993 to June 15, 19093. Availability for everyone else moved from October 1, 2005 to October 8, 2005.
Second Preference (F2A) Spouses and Unmarried Children Under 21 of US Permanent Residents: Visa availability for Mexico moved from April 15, 2010 to May 15, 2010. Availability for all other countries moved forward from May 8, 2010 to June 1, 2010.
Second Preference (F2B) Unmarried Sons and Daughters Over 21 of US Permanent Residents: Visa availability for the Philippines moved from January 1, 2002 to Jan 22, 2002. Availability for Mexico moved from August 22, 1992 to October 1, 1992. Availability for all other countries did not move this month and remains at September 15, 2004.
Third Preference (F3) Married Sons and Daughters of US Citizens: Visa availability for the Philippines once again did not move this month and still remains at July 22, 1992. Availability for Mexico moved from Jan 22, 1993 to February 8, 1993. Availability for all other countries moved from May 15, 2002 to May 22, 2002.
Fourth Preference (F4) Siblings of US Citzens: Visa availability for the Philippines moved this month from February 1, 1989 to February 8, 1989. Availability for Mexico moved from June 15, 1996 to June 22, 1996. Availability for China-mainland moved from January 22, 2001 to February 15, 2001. Availability for all other countries moved from March 8, 2001 to March 15, 2001.
EMPLOYMENT BASED IMMIGRATION CATEGORIES
First Preference (EB-1) Extraordinary Ability, Intracompany Transferee, or Outstanding Professor or Researcher: Visa availability remains current for all countries.
Second Preference (EB-2) Advance Degree Professional, Exceptional Ability, or National Interest Waiver: Visas for India and China-mainland are now available, but India is at September 1, 2004 and China is at July 15, 2007. Predictions are that these numbers are going to stay in this area for a while. Visa availability for all other countries has moved up from January 1, 2009 to January 1, 2012.
Third Preference (EB-3) Professional or Skilled Worker: Visa availability for the Philippines has not moved and remains at August 1, 2006. Availability for India has moved from October 8, 202 to October 15, 2002. Availability for China-mainland moved from December 15, 2005 to February 8, 2006. Availability for all other countries has moved from October 1, 2006 to October 22, 2006.
Third Preference (Other Workers) Unskilled Worker: Visa availability for the Philippines has not moved and remains at August 1, 2006. Availability for India has moved from October 8, 202 to October 15, 2002. Availability for China-mainland has not moved this month and remains at June 22, 2003. Availability for all other countries has moved from October 1, 2006 to October 22, 2006.
Fourth Preference (EB-4) Certain Special Immigrants: Visa availability remains current for all countries.
Fourth Preference (Certain Religious Workers): Visa are unavailable in this category. The non-minister special immigrant program is set to expire on September 30, 2012.
Fifth Preference (EB-5) Investors: Visa availability remains current for all countries.
Fifth Preference Pilot Program: Visa are unavailable in this category. The EB-5 Pilot Program is set to expire on September 30, 2012.
DIVERSITY VISA LOTTERY
The DV-2013 visas are available as follows:
Egypt, Ethiopia and Nigeria: 5,500
All other Africa: 8,000
N.A. Bahamas: 2
S.A. and Caribbean: 450
Click here to see the October 2012 Department of State Visa Bulletin.
If you would like assistance with processing your immigrant visa or green card application or you would like to discuss this or other issues further, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455 or by clicking here to
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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.