The U.S. Department of State (DOS) recently released the May 2015 Visa Bulletin in which significant movement should be noted in the employment-based classification for nationals of the Philippines in the EB-3 category, for Indian nationals in the EB-2 category, and for Chinese nationals in the EB-2 and EB-5 categories.
Specifically, the Visa Bulletin shows major retrogression in the EB-3 category (both “skilled workers” and “other workers” subcategories) for Filipino nationals, as it moved from Oct. 1, 2014, to July 1, 2007, creating a backlog of over seven years. As such, it is highly recommended that eligible Filipino EB-3 applicants who are “current” but whose priority date will be retrogressed on May, 1, 2015, to immediately file their I-485, Application to Adjust Status.
Indian and Chinese nationals in the EB-2 category, on the other hand, will benefit from notable progression. The DOS announced an advancement of seven and a half months for Indian nationals, with priority dates moving up from Sept. 1, 2007, to April 15, 2008; this progression comes after an eight-month jump forward in the March 2015 Visa Bulletin. Further, the May 2015 Visa Bulletin shows continued progression for Chinese nationals with a 14-month leap forward from April 1, 2011, to June 1, 2012.
Finally, as announced by Greenberg Traurig this week in a previous post, another considerable development announced in May’s Visa Bulletin is the introduction of a cut-off date of May 1, 2013, for the EB-5 Chinese nationals.
Employment-Based | All Chargeability Areas Except Those Listed | CHINA – mainland born | INDIA | MEXICO | PHILIPPINES |
1st | C | C | C | C | C |
2nd | C | 01JUN12 | 15APR08 | C | C |
3rd | 01JAN15 | 01MAY11 | 15JAN04 | 01JAN15 | 01JUL07 |
Other Workers | 01JAN15 | 15NOV05 | 15JAN04 | 01JAN15 | 01JUL07 |
4th | C | C | C | C | C |
Certain Religious Workers | C | C | C | C | C |
5th Targeted Employment Areas/Regional lefts and Pilot Programs | C | 01MAY13 | C | C | C |
‡ Admitted to practice only in Tennessee