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December 2013 Visa Bulletin Released

December 5, 2013

EB-2 India Retrogresses to November 15, 2004; EB-2 World-Wide, Mexico, and Philippines Current

The U.S. Department of State has released the Visa Bulletin for December 2013.  Below is a recap of the December 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 November 8, 2008 or earlier.
  • Persons in the EB-2 category and born in India are current if they have a priority date of November 15, 2004 or earlier.  This category has retrogressed from a priority date of June 15, 2008.
  • The world-wide quota, Mexico, and the Philippines remains current.

EB-3

  • Persons in the EB-3 category and falling into the world-wide quota are current if they have a priority date of October 1, 2011 or earlier.  (Jump of one year).
  • Individuals in the EB-3 category and born in China are current if they have a priority date of October 1, 2011 or earlier. (Jump of one year).
  • Foreign nationals in the EB-3 category and born in India are current if they have a priority date of September 01, 2003 or earlier. (This category has retrogressed by 21 days).
  • Persons in the EB-3 category and born in Mexico are current if they have a priority date of October 1, 2011 or earlier. (Jump of one year).
  • And individuals in the EB-3 category and born in the Philippines are current if they have a priority date of January 8, 2007 or earlier. (Jump of 24 days).

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

The December 2013 Visa Bulletin and an explanation of the immigrant visa categories can be found at: http://www.travel.state.gov/visa/bulletin/bulletin_6211.html

Explanation of Immigrant Visa Categories

Family-Sponsored Preferences

First:  (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  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, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third:  (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

Employment-Based Preferences

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

Second:  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.

Third:  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”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  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 Pub. L. 102-395.