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August 2013 Visa Bulletin Released: EB-2 India now at January 1, 2008; F2A is Current

August 27, 2013

The US Department of State has released the Visa Bulletin for August 2013.

As predicted at the AILA National Conference two weeks ago, the biggest news is the jump for EB-2 India…to January 1, 2008.  Additionally noteworthy is F2A being current (spouses and children of permanent residents).

Below is a recap of the August bulletin movement.

EB-1

• All countries remain current.

EB-2

• Persons in the EB-2 category and born in China are current if they have a priority date of August 8, 2008 or earlier (no change from July bulletin).

• Persons in the EB-2 category and born in India are current if they have a priority date of January 1, 2008 or earlier (jump of 3 years and 4 months).

• The world-wide quota, Mexico, and the Philippines remains current (no change).

EB-3

• Persons in the EB-3 category and falling into the world-wide quota are current if they have a priority date of January 1, 2009 or earlier (no change from July bulletin).

• Individuals in the EB-3 category and born in China are current if they have a priority date of January 1, 2009 or earlier (no change from July bulletin).

• Foreign nationals in the EB-3 category and born in India are current if they have a priority date of January 22, 2003 or earlier (no change from July bulletin).

• Persons in the EB-3 category and born in Mexico are current if they have a priority date of January 1, 2009 or earlier (no change from July bulletin).

• And individuals in the EB-3 category and born in the Philippines are current if they have a priority date of October 22, 2006 or earlier (advancement of 21 days).

A person whose priority date is current under the August 2013 Visa Bulletin is eligible to apply for an adjustment of status during the month of August 2013, meaning that U.S. Citizenship and Immigration Services (“USCIS”) must receive their adjustment of status application during that month.  Additionally, persons whose priority dates are current under the August 2013 Visa Bulletin are eligible to adjust status or receive their green cards during the month of August 2013 as long as USCIS has adjudicated their adjustment of status application and a visa number is available to them.

A link to the August 2013 Visa Bulletin and an explanation of the immigrant visa categories follows.

http://travel.state.gov/visa/bulletin/bulletin_6028.html

Explanation of Immigrant Visa Categories:

Family-Based (FB) Categories:

1: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference;

2: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

2A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

2B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation;

3: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences;

4: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

Employment-Based (EB) Categories:

1: Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences;

2: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference;

3: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”;

4: Certain Special Immigrants: 7.1% of the worldwide level;

5: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395