X
Type in your search and press enter

US Department of State Releases May 2013 Visa Bulletin; No Movement for EB-2 India

August 27, 2013

The U.S. Department of State has released the Visa Bulletin for May 2013. According to the May 2013 Visa Bulletin, there is continued availability of immigrant visas in all employment-based categories and for persons from all countries. All employment-based immigrant visa categories, with the exception of EB-2 India, advanced from the April 2013 Visa Bulletin.

Persons applying for an immigrant visa and adjustment of status in the EB-1 category, regardless of their country of birth, remain current (no change from April 2013 Visa Bulletin). Additionally, persons applying for an immigrant visa and adjustment of status in the EB-2 category and falling into the worldwide quota (born in a country other than China, India, Mexico, or the Philippines) remain current (no change from April 2013 Visa Bulletin). The same applies to persons falling into the EB-2 category and born in either Mexico or the Philippines.

Persons in the EB-2 category and born in China are current if they have a priority date of May 15, 2008 or earlier (change of 44 days). Persons in the EB-2 category and born in India are current if they have a priority date of September 1, 2004 or earlier (no change).

Persons in the EB-3 category and falling into the worldwide quota are current if they have a priority date of December 1, 2007 or earlier (change of 153 days); persons in the EB-3 category and born in China are current if they have a priority date of December 1, 2007 or earlier (change of 223 days); persons in the EB-3 category and born in India are current if they have a priority date of December 22, 2002 or earlier (change of 14 days); persons in the EB-3 category and born in Mexico are current if they have a priority date of December 1, 2007 or earlier (change of 153 days); and persons in the EB-3 category and born in the Philippines are current if they have a priority date of September 15, 2006 or earlier (change of 7 days).

A person whose priority date is current under the May 2013 Visa Bulletin is eligible to apply for an adjustment of status during the month of May 2013, meaning that U.S. Citizenship and Immigration Services (“USCIS”) must receive their adjustment of status application during that month. Additionally, persons whose priority date is current under the May 2013 Visa Bulletin are eligible to adjust status or receive their green card during the month of May 2013 as long as USCIS has adjudicated their adjustment of status application and a visa number is available to them. Being current does not guarantee that a visa number is available to you.

Link to May 2013 Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.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