Significant and Unexpected Retrogression for
EB-3 China
According to the State
Department’s June Visa Bulletin, the EB-3 category
will retrogress significantly for China next month. The cut-off date for China
EB-3 professionals and skilled workers will retrogress by six years, to October
1, 2006, while the EB-3 other worker category will retrogress nine years, to
January 1, 2003.
For most other countries, EB-3 will retrogress by 18 months, to April 1, 2011, but will advance by two weeks for India, to October 15, 2003, and by two months for the Philippines, to January 1, 2008.
The EB-2 category will advance by five weeks for China, to May 22, 2009, but will remain unchanged for India, at November 15, 2004.
What the China EB-3 Retrogression Means for Employers and Foreign Nationals
For the last several months, the State Department has advanced the EB-3 China priority date cut-off so that it has been far ahead of the cut-off date for EB-2 China. Many foreign nationals in the China EB-2 subcategory have sought new I-140 immigrant worker petitions in order to be reclassified to EB-3 and benefit from greater immigrant visa availability. The result has been a significant surge in demand for EB-3 China immigrant visa numbers, bringing the category close to exhausting its annual quota. Agency officials do not expect EB-3 China to move forward again until the next fiscal year, which begins on October 1.
The severity of next month’s retrogression is unexpected. Though the State Department suggested that retrogression was possible, agency officials had until now indicated that the China EB-3 cut-off date was likely to remain ahead of EB-2 for the foreseeable future. That prediction has not been borne out.
June 2014 Priority Date Cut-Offs
In June 2014, EB immigrant visa priority date cut-offs will be:
EB-1
Current for all countries.
EB-2
China: May 22, 2009
India: November 15, 2004
All other countries: Current
EB-3 Professionals and Skilled Workers
China: October 1, 2006
India: October 15, 2003
Philippines: January 1, 2008
All other countries: April 1, 2011
EB-3 Other Workers
China: January 1, 2003
India: October 15, 2003
Philippines: January 1, 2008
All other countries: April 1, 2011
EB-5
Current for all countries and subcategories.
For most other countries, EB-3 will retrogress by 18 months, to April 1, 2011, but will advance by two weeks for India, to October 15, 2003, and by two months for the Philippines, to January 1, 2008.
The EB-2 category will advance by five weeks for China, to May 22, 2009, but will remain unchanged for India, at November 15, 2004.
What the China EB-3 Retrogression Means for Employers and Foreign Nationals
For the last several months, the State Department has advanced the EB-3 China priority date cut-off so that it has been far ahead of the cut-off date for EB-2 China. Many foreign nationals in the China EB-2 subcategory have sought new I-140 immigrant worker petitions in order to be reclassified to EB-3 and benefit from greater immigrant visa availability. The result has been a significant surge in demand for EB-3 China immigrant visa numbers, bringing the category close to exhausting its annual quota. Agency officials do not expect EB-3 China to move forward again until the next fiscal year, which begins on October 1.
The severity of next month’s retrogression is unexpected. Though the State Department suggested that retrogression was possible, agency officials had until now indicated that the China EB-3 cut-off date was likely to remain ahead of EB-2 for the foreseeable future. That prediction has not been borne out.
June 2014 Priority Date Cut-Offs
In June 2014, EB immigrant visa priority date cut-offs will be:
EB-1
Current for all countries.
EB-2
China: May 22, 2009
India: November 15, 2004
All other countries: Current
EB-3 Professionals and Skilled Workers
China: October 1, 2006
India: October 15, 2003
Philippines: January 1, 2008
All other countries: April 1, 2011
EB-3 Other Workers
China: January 1, 2003
India: October 15, 2003
Philippines: January 1, 2008
All other countries: April 1, 2011
EB-5
Current for all countries and subcategories.
