Tuesday, November 26, 2013

USCIS EB I-485 & I-140 Processing Statistics As Of 09/30/13


USCIS EB I-140 Processing Statistics


 TSC NSC National
Pending 6,249 929 7,216
Customer action waiting 1,051 3,198 4,249
Completed 3,216 2,075 5,291
New receipts 2,687 1,783 4,470

The number of completed cases decreased at both NSC and TSC in the last one month. Overall the volume  has decreased across most categories in both service center.

USCIS EB I-485 Processing Statistics

Sunday, November 24, 2013

USCIS FB I-485 & I-130 Processing Statistics As Of 09/30/13


Please see below latest FB (family based) statistics released by USCIS:

USCIS I-130 - Preference Category Processing Statistics


 CSC VSC National
All Other Pending 4,643 14,626
36,328
Pending but adjudication deferred 336,085 121,299 475,281
Customer action waiting 14,895 4,867 21,471
Completed 21,041 4,108 31,659
New receipts 14,137 11,275 28,300

CSC = California Service Center
VSC = Vermont Service Center 
 
USCIS FB I-485 Processing Statistics

Monday, November 18, 2013

EB Category To Receive 10,000 Additional Visas From FB Category In Fiscal Year 2014

Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000.

Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

For fiscal year 2013 (which ended on September 2013), family based categories were allotted a quota of  226,000. However due to lower demand and also delay in moving dates forward, around 10,000 visas were unused in the family based category.

According to law, any unused visas from family category will flow to employment based category. This means EB category will be getting an additional 10,000 visas in fiscal year 2014 (October 2013 to September 2014).

Currently according to demand data, the annual limit is set at 148,000 (instead of usual 140,000). However according to  Annual Numerical Limits for Fiscal Year 2014, the limit is set at 150,000 for EB categories. Since the annual numerical limit document is more recent, we will assume that the spillover is 10,000 (instead of 8,000).

Friday, November 15, 2013

Visa Bulletin Prediction For Fiscal Year 2014

Charles Oppenheim met with several lawyers from American Immigration Lawyers Association (AILA) on October 23, 2013. In this meeting he gave his prediction for visa bulletin movement for fiscal year 2014.

Charles Oppenheim explained that the demand for visa numbers is greater because of multiple dependents being added (many primary beneficiaries have married and have children). For example, approximately 45% of the visa numbers are used by the primary beneficiaries with the remaining 55% taken up by derivative beneficiaries (spouses and children).

He also explained that the number of EB3 to EB2 porting cases is very significant and because the mechanics of the EB3 to EB2 porting system does not allow advance notification to the Department of State’s Visa Office. This causes a significant number of EB3 to EB2 porting cases to appear without advance warning to the Visa Office and, as a result, the Visa Office has to hold cutoff dates back to accommodate such porting case.

As an example, Mr. Oppenheim cited that between October 1 and October 22nd his office noted that there were around 820 Indian nationals who ported from EB3 to EB2. In addition to EB3 to EB2 porting cases for Indian nationals, who are the majority of such cases, he sees an increasing number of EB3 to EB2 porting cases from ROW category.

Mr. Oppenheim suggested that the EB1 and EB5 categories are relatively popular this year and expects more numbers to be used in these categories, compared to the past years. He cited EB5 China category where the demand has been growing steadily (approximately 15% over the year before) and that a cutoff date for EB5 China is possible later this fiscal year (possibly around June 2014).

This high demand also means that there will be less spillovers to other categories such as EB2 India and China which would further contribute to the slow forward movement in these categories.

Mr. Oppenheim shared that his goal is to advance the cutoff dates more at the beginning of the fiscal year (October, November and December, and January visa bulletins) and then, as he is able to gauge demand for a particular preference category, adjust accordingly by either slowing down or retrogressing (if demand is high) or advancing even more (is demand turns out to be low). 

Visa Bulletin Predictions – Employment-Based

EB1: This category is expected to remain current throughout the fiscal year.

EB2 ROW: This category is expected to remain current throughout the fiscal year; however, depending on demand he may introduce a cutoff date towards the end of the fiscal year.

EB2 China: This category is expected to continue to move forward by approximately 3-5 weeks per month in each Visa Bulletin.

EB2 India: EB2 India is expected to retrogress significantly by few years and remain at that date until the summer of 2014. The rationale behind this severe retrogression in EB-2 India is that there is simply too much demand in this category and the Visa Office has to stop the rate of new filings until USCIS and DOS are able to approve the pending case.

EB3 ROW, Mexico and China: This category is expected to move forward significantly over the next one or two months to stimulate demand for the next several months.

Wednesday, November 13, 2013

Annual Numerical Limits FY 2014

Department of State have released the quota for EB and FB category for fiscal year 2014.

Family Category:

Preference     Foreign State     Worldwide
F1                   1,638                   23,400
FX                                              65,950
F2A                 6,151                   21,984
F2B                 1,838                   26,266
F3                   1,638                   23,400
F4                   4,555                   65,000
__________________________________
Total              15,820                226,000

Unused numbers can “fall-down” from F1 to F2A to F2B to F3 to F4.

Unused F4 numbers can “fall-up” to F1. This potential is taken into consideration when setting the monthly/annual targets for number use. Those targets are established based on the historical and current patterns of number use, and are adjusted as necessary.

Monday, November 11, 2013

January 2014 Visa Bulletin Predictions

For December 2013 Visa Bulletin, please click here: http://blog.mygcvisa.com/2013/11/december-2013-visa-bulletin.html

For January 2014 Visa Bulletin, please click here: http://blog.mygcvisa.com/2013/12/january-2014-visa-bulletin.html

Please see January 2014 Visa Bulletin Predictions below (for both Family Based and Employment Based):

Quick Summary:
  • EB1, EB4, EB 5: Current
  • EB2 Rest Of World: Current
    EB2 China: 5 weeks (still behind EB3 China)
    EB2 India: 0 day. Please see article
  • EB3 (ROW, China, Mexico): 4-6 months. Please see article.
    EB3 India: 0 day
    EB3 Philippines: 4 weeks
  • FB categories: 1-5 weeks. Please see article.
  • F2A: 0 day. It is likely to remain at this date for next few months.

Family Based:

Family-Sponsored All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 15DEC06 15DEC06 15DEC06 01OCT93 01AUG01
F2A 08SEP13 08SEP13 08SEP13 01SEP13 08SEP13
F2B 22MAY06 22MAY06 22MAY06 15APR94 15APR03
F3 22MAR03 22MAR03 22MAR03 08JUN93 01FEB93
F4 15SEP01 15SEP01 15SEP01 08NOV96 22JUN90

Employment Based: