The U.S. Department of State's Visa Bulletin for August 2012 continues to show the employment-based ("EB") second preference immigrant visa worldwide is holding steady at January 1, 2009.
As reported in our Alert last month, the State Department explains that this is because of continued heavy demand and the July Visa Bulletin warned that EB2 worldwide may even become unavailable before the end of the current fiscal year on September 30, 2012. That did not happen.
EB2 India and China remain unavailable in August. As reported in our previous Alert, this was expected, with no change likely until the new fiscal year starts.
EB3 continues to be available. Worldwide moved forward to September 8, 2006. EB3 India and China will be October 1, 2002, and November 8, 2005, respectively
As usual, EB1, EB4 and EB5 remain current regardless of country of birth.
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)
- Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
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:
- Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
- Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
- Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
- Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
Employment-Based (EB) Categories
- Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
- 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.
- 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".
- Certain Special Immigrants: 7.1% of the worldwide level.
- 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
For More Information
More information about the Visa Bulletin and the various immigrant visa categories is available here.