The U.S. Department of State's Visa Bulletin for December 2012 shows that the employment-based second preference ("EB2") immigrant visa classification priority date for India remains unchanged at September 1, 2004.  EB2 China advanced slightly to October 22, 2007.  EB2 worldwide remains current.

The full text of the new Visa Bulletin can be found at http://www.travel.state.gov/visa/bulletin/bulletin_5803.html.

EB3 worldwide advanced to December 22, 2006. EB3 India and China are at November 1, 2002 and July 1, 2006, respectively.  These are all modest advances

EB1, EB4 and EB5 are all current, regardless of country of birth.

For the first time, the State Department predicts a cut-off date is likely to be set at some point during the second half of fiscal year 2013 (i.e., March to September 2013).  This would be the first time that a cut-off date is set for EB5. No cut-off predicted for other countries of birth.  The State Department did not state what the cut-off date might be, but any cut-off will lengthen the time for investors to obtain conditional residence, that will delay when permanent residence is granted, and is likely to impact relations between investment projects and investors.

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.

  1. Married Sons and Daughters of Citizens:  23,400, plus any numbers not required by first and second preferences.
  2. 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