November 12, 2019

November 12, 2019

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November 11, 2019

Subscribe to Latest Legal News and Analysis

September Visa Bulletin: “See-saw” Trend between EB-2 and EB-3 India and China Continues

The Department of State’s (DOS) September Visa Bulletin shows the results of heavy demand in the employment-based visa categories. The most dramatic movement is the retrogression for Chinese and Indian nationals seeking EB-2 classification. Both categories will retrogress to Jan. 1, 2006, with China EB-2 moving backwards seven years and India EB-2 moving backwards two years from last month’s bulletin.

As we have often seen, EB-2’s loss is EB-3’s gain, as Indian and Chinese nationals under the EB-3 category saw forward movement of more than six months to Dec. 22, 2004.  Visa numbers for Filipino nationals seeking EB-3 classification are no longer unavailable as those with priority dates of Dec. 22, 2004 or earlier may apply.

Other nationals seeking EB-2 remain current while other nationals seeking EB-3 advanced one month to Aug. 15, 2015.

Because the visa numbers are issued in accordance with the government fiscal year, we should see significant movement again in October 2015. Individuals who are affected by visa retrogression are encouraged to check the Department of State Visa Bulletin each month to see if visa processing dates have moved under their approval category.

Employment-Based

All Chargeability Areas Except Those Listed

China-Mainland Born

India

Mexico

Philippines

1st

C

C

C

C

C

2nd

C

1/1/2006

1/1/2006

C

C

3rd

08/15/2015

12/22/2004

12/22/2004

08/15/2015

12/22/2004

Other Workers

08/15/2015

01/01/2004

12/22/2004

08/15/2015

12/22/2004

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th Targeted Employment Areas/Regional Centers and Pilot Programs

C

09/13/2013

C

C

C

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About this Author

Rebecca B. Schechter, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney
Of Counsel

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations and companies, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify...

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