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May 2012 Visa Bulletin Commentary

The May 2012 visa bulletin was released today.  Here’s the pertinent information most of my readers are looking for:

For all countries except India, China, Philippines, and Mexico: F2A preference has advanced 39 days to priority date (PD) 15 November 2009 and F2B preference has advanced 39 days to 22 February 2004; F4 moves forward 24 days 1 December 2000; EB2 remains current and EB3 advances 24 days to 1 May 2006.

For India only: F2A advances 39 days to PD 15 November 2009 and F2B advances 39 days to 22 February 2004; F4 advances 24 days 1 December 2000; EB2 retrogresses 2 years 8 months and 17 days (this applies to China too), and EB3 advances 8 days to 8 September 2002.

Sadly, the retrogression predictions became true today. Let’s hope there will be no more retrogression for the rest of the year.  Below is a what the Department of State said in the bulletin about the retrogression:


Due to the rapid forward movement of the cut-off date, demand for China and India Employment Second preference numbers has increased dramatically during recent months, and at a much faster rate than had been expected.  Therefore, it has been necessary to retrogress that cut-off date to August 15, 2007 in an attempt to hold number use within the annual limit while maintaining availability for those countries that have not yet reached their per-country limit.  Notices were included in the November, January, and February Visa Bulletins alerting readers to the possibility of such a retrogression.  While corrective action has become necessary earlier than was anticipated based on the information available at the time cut-off dates were determined, it is hoped that readers are not caught off guard by this retrogression.
Should additional information regarding potential demand become available, it may be necessary to take additional corrective action at any time. 
Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010.  This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012.  It will not be possible to speculate on the cut-off date which may apply at that time until late summer. 

USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings based on the originally announced April cut-off date.”

If you have any questions, please feel free to drop me a note.  In the meantime, as soon as the June 2012 visa bulletin is released, we will be posting updates.

*Copyright 2012 by Watson Immigration Law. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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