EB-2 China now at October 8, 2008; EB-3 World-Wide, EB-3 China, and EB-3 Mexico now at October 1, 2010

The U.S. Department of State has released the Visa Bulletin for November 2013.  Below is a recap of the November 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 October 8, 2008 or earlier (jump of 23 days).

• Persons in the EB-2 category and born in India are current if they have a priority date of June 15, 2008 or earlier (no change from October bulletin).

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

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, 2010 or earlier (jump of 3 months).

• Individuals in the EB-3 category and born in China are current if they have a priority date of October 1, 2010 or earlier (jump of 3 months).

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

• Persons in the EB-3 category and born in Mexico are current if they have a priority date of October 1, 2010 or earlier (jump of 3 months).

• And individuals in the EB-3 category and born in the Philippines are current if they have a priority date of December 15, 2006 or earlier (no change from October bulletin).

A person whose priority date is current under the November 2013 Visa Bulletin is eligible to apply for an adjustment of status during the month of November 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 November 2013 Visa Bulletin are eligible to adjust status or receive their green cards during the month of November 2013 as long as USCIS has adjudicated their adjustment of status application and a visa number is available to them.

The November 2013 Visa Bulletin and an explanation of the immigrant visa categories can be found at: http://travel.state.gov/visa/bulletin/bulletin_6168.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