Visa Availability Updates and Predictions

In mid-June, Charles Oppenheimer, head of the Department of State (DOS) Visa Office, provided an update on visa availability in the employment-based categories, and his predictions for 2012 and beyond.

Since the Employment-Based Two (EB-2) category for India and China is currently ‘unavailable,’ nationals of these countries eagerly await October 2012, when the DOS releases new visa numbers.

Let’s see what Mr. Oppenheimer had to say:

• In October 2012 (beginning of the 2013 fiscal year), the EB-2 cut-off dates for China-Mainland born and India, which are currently “unavailable,” will move to August or September 2007. It is unlikely that the cut-off dates will move forward at all for the first two quarters of FY2013.

• EB-2 worldwide will be current in October 2012.

• The group of cases that were filed in July and August of 2007, when all employment-based categories were made “current,” were all completed by November 2011.

• Applicants from China and India who filed cases in the EB-2 category will be waiting years for adjudication of their I-485s.

Mr. Oppenheimer also points out that EB-2 ‘upgrades’ make it very difficult to determine visa demand.  These EB-2 upgrade numbers are not being tracked; however, he believes that between 10,000 to 15,000 are filed each year.

Stay tuned to www.bashyamspiro.com for additional updates.