June 2011 Visa Bulletin

The Department of State today released the official June 2011 visa bulletin. Both India and China EB2 advanced substantially – 3.5 months and 2.5 months, respectively – to October 15, 2006. This is the result of unused EB1 numbers becoming available, known as “fall-down.” The forward movement was orginially expected for May visa bulletin, but hey, better late than never!

The Visa Office provided more clarification, especially with EB3 upgrading to EB2:

Since October there has been heavy demand by applicants “upgrading” their status from Employment Third to Employment Second preference. The rapid forward movement of the India Employment Second preference cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new “upgrade” demand has been minimal; this has allowed the Employment Second preference cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India Employment Second preference. Note that under INA Section 203(e) all of the “otherwise unused” numbers must be provided strictly in priority date order regardless of the applicant’s chargeability.

Keep in mind that the cut-off dates for India and China employment-based second preference may stop advancing or even retrogress by the end of fiscal year 2011 (September 30), if there is a significant increase in demand for visa numbers.

Other EB2 categories, including Worldwide, Mexico and the Philippines remain “Current” for June.

Most EB3 categories advanced slightly for June, although Mexico EB3 moved forward by 3 months. We truly feel for the folks who are stuck in EB3, and the road ahead certainly appears to be a long one.

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