Immigration - Visa Bulletin for December 2009
F1- Family first preference: Unmarried sons and daughters (over the age of 21 years) of
U.S. Citizens. The cut-off date has moved forward by three (3) months & one (1) week for most of the countries, including India, to January 22, 2004.
F2A - Family second preference: Spouses and minor children, and unmarried sons and daughters of permanent residents. The cut-off date has moved forward by two (2) months & two (2) weeks for most countries, including India, to November 1, 2005.
F2B - Family second preference: Unmarried sons and daughters over 21 of permanent residents. The cut-off date has moved forward by four (4) weeks for most of the countries, including India, to November 1, 2001.
F3 - Family third preference: Married sons and daughters of U.S. Citizens and their spouses and children. The cut-off date has moved forward by two (2) months & three (3) weeks for most of the countries, including India, to May 22, 2001.
F4- Family fourth preference: Brothers and sisters of U.S. Citizens. The cut-off date has moved forward by two (2) months & three (3) weeks for most of the countries including India to September 8, 1999.
Employment Preferences
EB1- Priority Workers: The cut-off date for this category for all countries, including India, is current.
EB2 - Advanced Degree holders: The cut-off date for this category for most countries is current, and for India, it has not moved at all and remains the same at January 22, 2005.
EB3 - Professional Skilled Workers: The cut-off date for this category has not moved at all and remains the same at June 1, 2002 for most of the countries, and for India, it has moved forward by one (1) week to May 1, 2001.
EB3 - Other Workers: The cut-off date for this category has not moved at all and remains the same at June 1, 2001 for most of the countries, and for India, it has moved forward by one (1) week to May 1, 2001.
EB4 - (Certain Special Immigrants) & EB4 (Certain Religious Workers) is
In the EB-3 category, USCIS shows current for all countries, including India.
62,000 pending Indian applicants. Mr. EB5 (Targeted Employment Programs)
Khatri’s estimate is over 80,000 currently & EB-5 (Pilot Programs) are
pending. If the visa allocations CURRENT for all countries, including
do not change, the biggest impact will India.
be on EB-3 pending cases. Applicants
According to former Ombudsman
of USCIS, Mr. Prakash Khatri, as of could wait 25 years or more for EB-3
July 2009, USCIS reports that they
cases, and this waiting period will go
have approximately 234,000 pending
up in the coming years.
employment based applicants waiting
Over the past few years, as documented
for visa processing. About 30,000 to
in Mr. Khatri’s 2007 report to
Congress, over 200,000 EB visa numbers 40,000 applicants are waiting overseas
were unused. If they are recaptured, for consular processing.
we could wipe out most of this
50,000 or more are still pending
with unapproved I-140 petitions. This backlog.
represents a total of over 325,000 possible
While Mr. Khatir’s projections
EB cases pending system wide.
sound like very bad news. But we
There are 140,000 total EB visas available.
expect that sometime in 2010, if a
Comprehensive Bill is passed by the
India pending EB-2 cases: USCIS
Congress, and it contains provisions
shows a total of 47,000 pending applicants.
to increase the quota or to counts the
Khatri’s estimate is that there
principal applicant only in allocating
are over 60,000 pending system wide,
the visa number, rather than the current
which means that someone who files
rule, under which the principal beneficiary,
today for an EB-2 from India will have
his/her spouse and all children
under 21 (or those who qualify under to wait 10-15 years.
CSPA) are counted, the waiting period
Annually, only 2800 visas are issued
under employment-based categories to Indian nationals in each of the
will be substantially reduced. green card employment categories.
