The U.S. Department of State's Visa Bulletin for October 2012 shows that the employment-based second preference ("EB2") immigrant visa classification priority date for worldwide chargeability is backlogged to January 1, 2012. EB2 India and China are September 1, 2004, and July 15, 2007, respectively.

The full text of the new Visa Bulletin can be found at http://travel.state.gov/visa/bulletin/bulletin_5770.html.

EB3 worldwide is at October 22, 2006. EB3 India and China are at October 15, 2002 and February 8, 2006, respectively.The US State Department warned that EB2 worldwide might even become unavailable before the end of the current fiscal year on September 30, 2012.  That did not happen.

EB1, EB4 and EB5 remain current, regardless of country of birth. 

The October Visa Bulletin reports EB5 and certain EB4 categories as unavailable.  That was true at the time of original issuance of the Bulletin, but not any longer.  The EB5 and EB4 pilot programs were set to expire on September 30, 2012.  Congress extended the law for another three years and President Obama signed the new law on September 31, 2012. 

Prospective immigrants with priority dates prior to the dates reported on the Visa Bulletin will be eligible to apply for permanent residence next month.  Those with priority dates prior to the dates reported who already have applications pending with the government will be eligible to be granted resident status, assuming that the government otherwise completes its processing.  The Bulletin shows visa availability in the immigrant visas classifications, so long as the prospective immigrant has a priority date prior to the date reported. 

Explanation of Immigrant Visa Categories

Family-Based (FB)

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