Friday, July 15, 2016

WHAT DOES THE AUGUST VISA BULLETIN MEAN? SOME ANSWERS TO FAQs

Musillo Unkenholt has received many emails and phone calls from people who have questions about the August 2016 Visa Bulletin.  We have put together this FAQ for all readers of the MU Law Blog.

Q.  Why do the August and September Visa Bulletins always have unusual progressions and retrogressions?

A. These two Visa Bulletins are the final two Visa Bulletins of the US Fiscal Year, which runs from October 1 – September 30.  The USDOS must make sure that it uses all 140,000 employment based immigrant visas.  If it does not use all 140,000 immigrant visas, then the visas do not roll over into the next fiscal year.  On the other hand, the USDOS cannot use more than 140,000 immigrant visas or else they violate federal law.  Essentially, the USDOS is trying to

Q. The Philippine and All Other EB2 retrogressed for the first time in many years.  Does this mean that the Philippine EB2 and All Other dates will permanently be retrogressed?

A.  No.  This is a temporary retrogression that will only last until October 1, 2016.  The DOS expects that the October Visa Bulletin will be Current for both Philippines and All Other EB-2.

Q.  The India EB-2 seems stuck in 2004.  For much of the year it was in 2008.  When will it return to 2008?

A.  Our sense is that October 2016 Visa Bulletin will show a much more favorable Indian EB-2 date, probably back to 2008.

Q.  The Philippine EB-3 is unaffected by the August retrogression.  Where do you think the Philippine EB-3 date is headed?

A.  Our read is that the September 2016 Visa Bulletin may have an unusual date.  Therefore you should not read anything into the September 2016 Visa Bulletin. 

However, Fiscal Year 2017 looks very positive for Philippine EB-3.  Our educated guess is that the Philippine EB-3 date will move at approximately a three-to-one ratio.  In other words, the EB-3 date should move, on average, three months each Visa Bulletin.

Q. At what rate will the All Other EB-3 move in 2017?

A.  The All Other EB-3 should remain Current or almost Current for the foreseeable future.

16 comments:

  1. Waht do you mean by "The september 2016 visa bulletin may have umusual date"?

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  2. The September 16 VB is the last one of the year. The US will use the last visa of the year sometime in September.
    Therefore it may be unavailable for a few weeks. Do not worry. This will only be a temporary situation that will be fixed on Oct 1.

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  3. Hi Mu, do you expect any EB3 change in September 2016. My PD is September 2006. Presently in USA. RN from india.
    Thank you

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  4. My sense is that India EB3 will continue to move at the same rate hat it has been moving.

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  5. Hi can i ask a question? My eb3 petition was filed last oct 2015 (Philippines) USCIS lost my visa application. All they do is apologise. No receipt notice yet and my agency will re-file. Will it affect my priority date? Tnx

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  6. Unfortunately if you don't have a receipt notice it is as if the case was never filed. Your attorney may be able to remedy the situation. Have you spoken with the attorney?

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  9. Hi MU Law, before the retrogression of EB3 Philippines which happened over a year ago, the VB was 2015(or maybe close to current) if I'm not mistaken.

    The reason for the retrogression from what I've read in your blog was because a lot of EB3 nurses from 2004 - 2010 re-applied. If the visa bulletin reaches 2010, why do you think the progress would still be 3 months at a time? I would think that if those who re-applied have been processed already, shouldn't the VB go back to where it was before the retrogression? Just curious. Thank you and I look forward to your reply.

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  10. I agree with Ken. The slow movement for Eb3 visas has already taken more than 14 months. I think a lot of Eb3 visas were already allocated for those who have pds from 2006 and onwards. My pd is Jan 2015. Do you think there's a better chance that the movements will be positive starting October 2016? Election day is also near, will these also affect the movement of the priority dates? Thank you

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    1. Hi Maxene my PD is also Jan 2015, I am actually pretty excited. Ken is right, the backlogs have already been processed, I think Oct 2016 will be moving forward, I'm not sure though with the upcoming election

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    2. Hi Mrnars! Are you also from the Philippines? Let's just hope and pray that 2017 will be a promising year.

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  11. MU law, sir can you enlighten us on ken802 and maxene's question? Thank you.

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  12. MU law, sir can you enlighten us on ken802 and maxene's question? Thank you.

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