December 2024 Visa Bulletin: Slight Movement Forward for India

The Department of State has just issued the December 2024 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

The USCIS will use the Table B Dates for Filing chart for I-485 employment-based filings in December 2024. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-1, EB-2, EB-3: The Visa Bulletin for categories EB-2 India and EB-3 India moved forward 2 weeks and 1 week, respectively, in the Final Action Dates Chart. All other categories have not changed.

The January 2025 Visa Bulletin is expected to progress forward to begin the new fiscal quarter. In previous years, the January Visa Bulletin has progressed several months in employment-based categories. 

JUNE 2023 VISA BULLETIN

The Department of State just issued the June 2023 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin 

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

 

EB	All Other	CHINA	INDIA	PHILIPPINES
EB-1	C	01FEB22	01FEB22	C
EB-2	15FEB22	08JUN19	01JAN11	15FEB22
EB-3	01JUN22	01APR19	15JUN12	01JUN22
Other workers	01JAN20	01SEP15	15JUN12	01JAN20

USCIS

The USCIS is expected to use Table A: Final Action Dates chart for I-485 employment-based filings. A Beneficiary must be current on the above Table A chart to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates

MU Law Analysis 

There was virtually no change between the June 2023 Visa Bulletin and the May 2023 Visa Bulletin, which is unsurprising given that the May 2023 VB was notably retrogressed, indicating that the State Department has probably allocated most of this fiscal year’s visas. 

The only change on the above chart was that China EB-3 Other Workers progressed four months to September 15, 2015.

The June 2023 Visa Bulletin included a statement indicating that all India EB-3 visas have been utilized. 

E. VISA AVAILABILITY IN THE EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) FOR INDIA

Steady number use and high demand in the EB-3 category for India will most likely necessitate retrogression of the EB-3 final action date for India as early as next month to hold number use within the maximum allowed under the FY-2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

UPDATE ON THE FAIRNESS FOR HIGH SKILLED IMMIGRANTS ACT

After several weeks of contentious negotiations, a deal has been struck to preserve nurse immigration into the US through the Fairness for High-Skilled Immigrants Act (H.R. 1044).  The AAIHR, of which Musillo Unkenholt is the only law firm member, led the fight to preserve these visas.  The AAIHR issued this press release in which they thanked Senators Perdue (R-GA), Paul (R-KY),and Young (R-IN) who were instrumental in crafting the deal.

The deal is still subject to two hurdles:

1. Any Senator can block the deal.  While most Senators have signed off on the deal there may still be some Senators who are holding out.  Senator Durbin (D-IL) remains a block on the bill. In this video, Sen. Durbin explains his reasoning for holding out.

2. The deal is still subject to approval by President Trump, who is expected to sign the bill into law if it can get past the Senate.

If the two hurdles are not overcome, the status quo stays in place, which means 12-15-year delays for many EB-2 and EB-3 Indians.

If the bill goes through, the new law will:

First, over a three-year phase-in, eliminate the per-country cap on employment based green cards.  This would be great news for Indian-born immigrants, halving their retrogression to 7-8 years.

Second, preserve 4,400 visas for Schedule A occupations – Registered Nurses and Physical Therapists.  

Third, there will be additional burdens on H-1Bs in all industries.  The details of the additional H-1B rules are forthcoming.

Again, the bill is not law.  Negotiations remain ongoing between Sen Lee (R-UT), who is the Fairness Act’s champion, and Sen. Durbin.

JUNE VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the June 2019 Visa Bulletin. This is the ninth Visa Bulletin of Fiscal Year 2019. This blog post analyzes this month's Visa Bulletin. 

June 2019 Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

  

EB  Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	22APR18	22FEB17	01JAN15	22APR18
EB-2	C	01AUG16	19APR09	C
EB-3	C	15SEP15	01JUL09	01NOV18

Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.

EB  Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	01SEP18	01OCT17	01OCT17	01SEP18
EB-2	C	01NOV16	01JUN09	C
EB-3	C	01JAN16	01APR10	01JAN19

  

MU Law Analysis (all references are to Table A unless noted)

All Other: The EB-1 category moved about 7 weeks.  We expect continued steady movement in this category for All Other.  We do not see any retrogression in the future for EB2 or EB3, other than the usual retrogression at the end of the Fiscal Year.

China: China EB-2 moved 2+ months, moving more than one year so far in 2019’s calendar months.  EB-3 moved ahead half as fast – about three weeks -- which reflects continued demand in EB-3, likely related to the many EB-3 “downgrades”.  EB-2 remains superior to EB-3.

India: There was very little movement in any of the Indian categories.  EB-1 will almost surely not move in FY 2019.  We do not expect any significant Indian movement this fiscal year.  Longer term, we are slightly more optimistic about India EB-3, which should progress faster than EB-2.

Philippines: The EB-3 date leaped again.  It should be into 2019 shortly, and we do not expect any retrogression in the near future. 

MARCH 2019 VISA BULLETIN: ANALYSIS AND PREDICTIONS

The Department of State has just issued the March 2019 Visa Bulletin. This is the sixth Visa Bulletin of Fiscal Year 2019. This blog post analyzes this month's Visa Bulletin.

 

March 2019 Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

 

EB  Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	01JAN18	22FEB17	22FEB17	01JAN18
EB-2	C	01JAN16	09APR09	C
EB-3	C	08JUL15	22MAY09	01DEC17

Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.

EB  Class	All Other	CHINA	INDIA	PHILIPPINES
EB-1	01JUN18	01OCT17	01OCT17	01JUN18
EB-2	C	01MAY16	22MAY09	C
EB-3	C	01JAN16	01APR10	01MAR18

 

MU Law Analysis (all references are to Table A unless noted)

 

All Other: The EB-1 category moved one month.  We expect continued steady movement in this category for All Other.  We do not see any retrogression in the future for EB2 or EB3, other than the usual retrogression at the end of the Fiscal Year.

 

China: China EB-2 moved three months, moving a total of a half year in just two calendar months.  EB-3 only moved one week, as demand continues in EB-3, likely related to the many EB-3 “downgrades”. 

 

India: There was very little movement in any of the Indian categories.  We are slightly more optimistic about India EB-3, which could continue to progress faster than EB-2.

 

Philippines: The EB-3 date showed great progress, improving four more months.  By next month, we should see the EB-3 priority date extend into FY2018.

CHECKING IN ON THE VISA BULLETIN

The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration lawyers Association.  Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.  This month’s Check In With Charlie featured predictions about EB2 and EB3 in most of the popular categories for readers of this Blog.  Here are some highlights:

Philippine EB3 – Charlie again offered his most optimistic predictions for this category.  He expects that this category will move several months at a time because demand from those with priority dates from 2011-12 is lower than originally thought.  This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.  

India EB2 and EB3 – Charlie expects that EB2 will move into November 2008 by  March of 2017.  While he did not comment on EB3 at this time, last month he said that the EB3 category will move only one week per Bulletin.

Worldwide EB-2 and EB-3 – EB-2 will remain current for the foreseeable future.  It is our expectation that Worldwide EB-3 will continue to see a slight retrogression, consistent with the recent past.

China EB-2 and EB-3 - These categories will continue to see-saw.  The DOS is now seeing the EB-3 category demand pick up because of EB-3 "downgrades" from EB-2.

AAIHR: USCIS ACTION ON FCCPT HURTS PATIENTS, PRACTITIONERS

The USCIS is no longer allowing fully-qualified foreign-educated physical therapists to practice in the US unless they have qualifications that far exceed American-educated physical therapists.  This action harms US patients, who are already struggling to find qualified physical therapists.

A simple review of recent news stories shows that Physical Therapy is the occupation in shortest supply.  These supply shortage are already showing up across the US.  For instance, places like Texas, Arizona, and across the US.

The USCIS’ action is contrary to opinions by CAPTE, APTA, and the 53 State Boards of Physical Therapy, which includes all 50 states and other jurisdictions, such as Puerto Rico and Washington DC.

The American Association of International Healthcare Recruitment is gravely concerned by USCIS’ intent to deny the authority of the FCCPT to issue foreign physical therapy healthcare worker certifications. Musillo Unkenholt, who is a member of the AAIHR, is working closely with the AAIHR to develop a strategy and dialogue with the USCIS over this decision.

APTA reports the shortage of physical therapists could potentially reach over 27,000 in the United States by 2020, driven by a Bureau of Labor Statistics projected 34 percent increase in demand in physical therapists over the next eight years. This projection assumes that physical therapists trained abroad will continue to immigrate. The USCIS decision will only worsen this shortage.