The U.S. Department of State (DOS) released its December 2012 Visa Bulletin. The Visa Bulletin sets forth per country priority dates that regulate the ability of an individual to file an adjustment of status application or consular process at a U.S. Embassy. Foreign nationals can file the adjustment application if their priority dates are prior to the cutoff dates specified by the DOS in the Visa Bulletin.
The U.S. Department of State (DOS) released its December 2012 Visa Bulletin. The Visa Bulletin sets forth per country priority dates that regulate the ability of an individual to file an adjustment of status application or consular process at a U.S. Embassy. Foreign nationals can file the adjustment application if their priority dates are prior to the cutoff dates specified by the DOS in the Visa Bulletin.
For family-based categories in December:
| Family-Sponsored |
All Charge-ability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01DEC05 | 01DEC05 | 01DEC05 | 01JUL93 | 08OCT97 |
| F2A | 22AUG10 | 22AUG10 | 22AUG10 | 01AUG10 | 22AUG10 |
| F2B | 15NOV04 | 15NOV04 | 15NOV04 | 01NOV92 | 22MAR02 |
| F3 | 08JUN02 | 08JUN02 | 08JUN02 | 01MAR93 | 01AUG92 |
| F4 | 01APR01 | 01APR01 | 01APR01 | 22JUL96 | 22MAR89 |
For employment-based cases:
| Employment- Based |
AllChargeabilityAreas Except Those Listed |
CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 22OCT07 | 01SEP04 | C | C |
| 3rd | 22DEC06 | 01JUL06 | 01NOV02 | 22DEC06 | 15AUG06 |
| Other Workers | 22DEC06 | 01JUL03 | 01NOV02 | 22DEC06 | 15AUG06 |
The Employment-Based Category Two (EB-2) India is still backlogged to 2004. That means there is only a two-year difference between the EB-2 and EB-3 categories for Indian nationals.
It is unlikely that we’ll see significant movement in the EB-2 category for Chinese and Indian nationals in 2013 absent changes in the law. We will monitor the situation closely and provide updates on www.bashyamspiro.com.
Visa availability and cutoff dates are determined on a monthly basis by DOS based on anticipated demand. These dates can move forward, backward or remain unchanged. Employers and employees should monitor the monthly Visa Bulletins so they can properly plan their immigration cases.
For more information, or if you have any questions regarding the Visa Bulletin, please feel free to contact us.