Wednesday, October 12, 2016

NOVEMBER 2016 VISA BULLETIN

The Department of State has just issued the November 2016 Visa Bulletin.  This is the second Visa Bulletin of Fiscal Year 2017.  This blog post analyzes this month's Visa Bulletin.

November 2016 Visa Bulletin

Final Action Dates

Applications with these dates may be approved for their Green Card (Permanent Residency card).

Employ-
ment
based
All Charge-
ability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
12JUL12
01NOV07
C
C
3rd
01JUL16
22APR13
08MAR05
01JUL16
01APR11


MU Law Analysis

All Other:  The EB-2 has been current for many years.  The EB-3 progression continues.  For Consular processing cases a July 2016 date is effectively Current.

China:   The China EB-2 date moved up one month. The China EB-3 date progressed three months.  The China EB-3 continues to have a more favorable date than EB-2, as a result of many Chinese EB-3 workers "upgrading" their applications to EB-2.

India:  EB-2 India had another impressive progression from last month, moving forward over ten months.  EB-3 actually retrogressed one week.  

Mexico: Mirrors All Other in all aspects.

Philippines: EB-3 moved ahead by another three months.  The Philippine EB-3 number essentially cleaned out all 2010 EB-3 visas in just two months and is now a trid of the way through 2011.  This is what we have expected.  (Our note from September 2016: "This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.").  

We expect more of the same fast progression in FY2017 for Philippine EB-3.  We expect that the Philippine EB-3 number will progress at least three years in FY2017.

26 comments:

  1. Thanks for posting. Our priority date is April 19, 2011.. we don't have long to wait...

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  2. No - you're almost there, Eugene!

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  3. My priority date is may 2014 for eb3. My company is reapplying for me for eb2 philippines and is currently on the recruitment process. PWD is already done. Do you think it's worth it or should i just wait for my eb3?

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  4. My priority date is may 2014 for eb3. My company is reapplying for me for eb2 philippines and is currently on the recruitment process. PWD is already done. Do you think it's worth it or should i just wait for my eb3?

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    Replies
    1. It depends if you are Schedule A (PT) or not. If you are Schedule A it may be worth it. If you are not Schedule A, then it probably is not worth it.

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    2. How do i know if i am schedule A or not? I am an Engineer. When you say PT..do you mean Physical Therapist? I currently am on EAD with advanced parole through my EB3 when the Philippines priority date became current very briefly before it massively retrogressed last year.

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    3. Schedule A is for Physical Therapists and Registered Nurses. If you are an engineer you are not Sched A.

      Accordingly I do not recommend upgrading to EB2 because by the time the ads are done, the PERM is filed, etc. you will probably be current with your existing EB3.

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    4. Anonynous, you said you are an engineer. Do you mind sharing/ telling me how did you apply or where did you apply an EB3 petition? Can you share whT agen y filed your application? Thanks! Hope to hear from you again. GB!

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    Replies
    1. @BeingMindful: Predicting the Indian numbers is difficult because Indian EB-3 visa applicants regularly are upgrading to EB-2, and retaining their older Indian Eb-3 PDs. Having said that, my read is that India EB-2 (Final Action) is probably going to be current sometime in late 2017, early 2018. There is a chance that the DOS progresses India EB-2 toward Nov 2010 in Summer 2017 if the demand for India EB-2 is lower than expected.

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    2. This comment has been removed by the author.

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    3. @BeingMindful: My guess is that you are probably looking at 1.5-2.5 years.

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  6. Hi MU law! how long will it take for recapturing of ild PD?when my agency use premium processing to USCIS. will i expect an embassy interview early next year?thank u and more power MU law!

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  7. Replies
    1. Hi Glimbert: The recapturing is requested as part of the I-140 process. There is not a separate process for recapture. In other words, once you have your new I-140 approved, it should reflect the recaptured PD.

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    2. thanks MU law! any idea how long is it?if expedite will be use

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    3. If you use Premium Processing, it should only be 15 days.

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  8. Hi MU Law: my priority date is September 2014 EB3 Phils. do you think it will be current next year?

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  9. Hi MU Law: My PD is oct 2010 EB2 india . Do you think it will be current anytime next fiscal year at least for the filing dates not final action date

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    Replies
    1. Hi Anantha, The Indian EB2 dates have as much variance as any category. I think that there is a chance that India EB2 reaches Oct 2010 in late FY 2017, but FY 2018 may be a better bet.

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  10. Hi, my priority date is on november 2011, eb3 philippines, when do u think my priority date will be current. Thank u.

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  11. Hi MU law, just wanted to know if may PD will become current on december 2016 or janauary 2017 .. hellllp.. thank u.

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  12. Hi MU Law...my company lawyers filed for my EB2 PERM just this February 2017. Assuming no audit will occur, how long do you think the whole process will get done until i get my green card? Also i have an approved EB3 application. My AOS is just pending and currently on EAd with advanced parole status. My lawyer thinks i can use my EB3 AOS for my EB2. Is that true? My priority date for EB3 is May 2014. Do you think ill have my EB3 green card before my eb2 given the predictions of Charlie Oppenheim?

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  13. Hi MU Law,
    My priority date is February 2015, EB3 Philippines. When do you think it will be current?
    Thank you

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