Wednesday, November 9, 2016

DECEMBER 2016 VISA BULLETIN: ANALYSIS

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

December 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
22SEP12
01FEB08
C
C
3rd
01JUL16 
01JUL13
15MAR05 
01JUL16 
01JUN11


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 two months. 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 three months.  EB-3 moved ahead by one week.  

Mexico: Mirrors All Other in all aspects.

Philippines: EB-3 moved ahead by another two months.  The Philippine EB-3 number essentially cleaned out all 2010 EB-3 visas and half of the 2011 EB-2 visas in just three months.  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.

33 comments:

  1. Hello MU Law.

    Thank you again for your analysis. Do you have some insight on section F or the VB? Which country do you think this applies to? ROW?

    Third: The level of demand appears to be increasing at the long-anticipated rate. Therefore, this date has been held for December, and is likely to hold once again for January, while determining if this increased level will be sustained.

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    1. Hi Ken, The Note in F is worthy of consideration and is something to keep an eye on depending on your category.

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  2. Hell MU Law.

    I just wanted to know the implications of trump winning the US election on the EB-3 visas since his immigration platform is to curb the number of foreign workers and immigrants and he has the policy of Americans first in filling up job vacancies.

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    Replies
    1. Hi Ice - we are a long way from knowing what Trump will do on immigration. He has changed his stance on legal immigration many times in the campaign. We will learn a lot in the next 60-90 days as he appoints his cabinet and other leaders.

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  4. @Being Mindful: Yes- I do not think that Trump's election will impact much, but even if it does, yours is surely safe. good luck.

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  5. Dear MU,

    My priority date is feb2014, eb3 philippines. With the current situation, do you think i will be able to get a green card before Trump make some actions that will stop or limit employment base applications as well as extending my h1b applications based on approved i40

    Thank You!

    ReplyDelete
    Replies
    1. Hi Rowan, I do not think that Trump will be making any limit to EB visas. It would take an act of Congress. This is not something that he can do on his own. However this is something that we will keep a very close eye on.

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    2. Thank you very much for the reply, one more thing, when do yiu think my PD will be current at least the filing date?

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    3. You still have soemtime. Our internal MU Law projections show Phils EB3 reaching Feb14 sometime in the first half of 2018.

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  8. I was told by a friend that USCIS could possibly deny I 140 EB2 petition for lacking in Master's in Physical therapy degree( even though one has Masters in Kinesiology or other such related field, have Type 1 visa certification, and have 7+ more years of experience. ) Is that accurate?

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    Replies
    1. Yes- we have seen the USCIS deny some EB2s where the underlying degree is in Kinesiology

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  10. Take tDPT program to qualify better with EB2.

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  12. Won't the 6+ years experience as a PT in USA with masters in Kinesiology with a previously approved I140 and active type 1 visa screen make one eligible for EB2 category.
    Can I-140 still be denied?

    ReplyDelete
    Replies
    1. Yes - it can still be denied. The USCIS, on many occasions, has determined that the Kinesiology degree is not a suitable prerequisite for a PT job. And therefore they have denied the EB-2.

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  13. Thank you so much for the reply. Really appreciate your feedback.

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    Replies
    1. You're welcome, Being Mindful. Thanks for your continued support of this space.

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  14. MU Law,

    Hi! I have a question. Considering EB3 Philippines just moved forward by 2 months, do you think this same number of progression will happen in the next several bulletins? I have an Oct 2013 PD. I'm wondering when it will be current. Will it be worth it to start with EB2?

    Thank you.

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    Replies
    1. Our internal metrics project Oct 2013 Phils to be current in late 2017/early 2018. Hopefully sooner!

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    2. MU Law,

      Hi! I really hope it's sooner. Is it not worth filing a new EB2 for this? I'm not a nurse/PT. I'm an IT professional.

      Thank you.

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    3. Yes - it is probably worth filing an EB2 if you (and the position offered) qualify for EB2.

      Delete
  15. Hi MU! My PD is march 2012 Eb3 phils. My husband hasnt been included yet as one of my dependents but what are the chances that we may be looking into deployment sometime next year.how long does it take to add a beneficiary once PD is current and be able to get a visa fee bill? Thanks a lot.

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    Replies
    1. It can usually done concurrently with your fee bill.

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  16. Hi Sir! My PD is june 2014 for eb3 philippines. When do you think this PD will be current? Is it worth filing for an eb2 if i qualify?

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    1. You should be current in about 1-1.5 years' time. I would probably not bother with the EB2.

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  17. Hi Sir! My PD is june 2014 for eb3 philippines. When do you think this PD will be current? Is it worth filing for an eb2 if i qualify?

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  18. My f4 India pd is sep 3 2003 .when should I expect interview?

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    Replies
    1. They are at April 03. So you may see an interview within 2017.

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