EB-2 category. Advanced degree professionals are also current with two exceptions: professionals from China and India. China has progressed six years to January 1, 2012. Permanent residence is only available for Indian nationals with priority dates before May 1, 2005.

Fortunately, the new visa bulletin does allow for some early filing. Chinese advanced degree professionals with priority dates before January 1, 2013 can file for adjustment of status or apply for an immigrant visa abroad, allowing these individuals to file for adjustment one year earlier than they would have been able to without this new system. Likewise, Indian advanced degree professionals with priority dates earlier than July 1, 2009 can file approximately four years earlier.

EB-3 category. China progressed approximately seven years, to October 15, 2011. India regressed approximately nine months to March 8, 2004.  The Philippines moved forward more than two years to January 1, 2007. Mexico and all other countries continue to hold strong at August 15, 2015. If this pace remains for Mexico and countries other than China, India, and the Philippines, foreign nationals can expect to have current priority dates by the time labor certification applications are approved. 

The early filing system also provides advantages to the EB-3 category. Chinese foreign nationals can apply under this category with priority dates earlier than October 1, 2013. Indian foreign nationals can apply under this category if they have priority dates before July 1, 2005. This allows for filing approximately one year in advance for China and India. Workers from the Philippines can file early if they have priority dates before January 1, 2010 (three years earlier).

Visas remain current for EB-4 (religious workers). EB-5 (investors) is current except for China. There was no movement for EB-5 China, so it remains at September 1, 2013.

Family 2A category.  For foreign nationals who are married to a lawful permanent resident, visas are available to people from all countries whose petitions were filed prior to April 15, 2014, except for Mexico (March 1, 2014). Other family-based visa categories remain backlogged anywhere from 7 to 23 years.

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The October bulletin indicates the First Preference Employment visas will become available again for all countries.

The Second Preference will remain available for Mexico, the Philippines, and the Worldwide category in October. China and India 2^nd preference categories are still delayed, but those categories jumped forward by three months, and individuals whose EB-2 cases were initiated prior to July 15, 2007 are eligible to file an application for permanent residence starting on October 1^st.

The Third Preference category will continue to be backed up for all countries with the Worldwide, Mexico, and the Philippines at December 8, 2005, China at August 8, 2004, and India at July 15, 2002. All other workers are backed up from early 2002 to late 2005, depending on country.

 Family-based categories: The October Visa Bulletin indicates only minor advancements in all family-based preference categories across all nationalities. The exception to this is family-based second preference for China, India, and the Worldwide categories, which have not moved at all in the past several months.

We realize these delays are stressful and unreasonable for your business and your employees. We urge you to advocate with your elected representatives to recognize how the visa backlog impacts your business. Rest assured our office and the immigration bar are doing the same!

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