Immigration news from Reddy & Neumann, P.C.

Employment Based Green Card – Monthly Determination.

The annual preference and foreign state limitations specified by the INA is subdivided by the Visa Office into monthly allotments, each month.
These monthly allotments are based on totals of documentarily qualified immigrant visa applicants who are reported at consular posts and CIS Offices, which are categorized into foreign state chargeability, preference category, and priority date. The category is considered “Current”, if there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand. For example: If the monthly allocation target is 3,000 and there is only demand for 1,000 applicants, the category will be “Current”.
The category is considered to be "Oversubscribed" and a visa availability cut-off date is established, whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month.
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.


The chart below shows the estimated total number of visas available for each employment preference category and country for fiscal year 2013.

 

Employment

Preference

China

All Other Countries

Worldwide Limit

E1

2,803

2,803

40,040

E2

2,803

2,803

40,040

E3/EW

2,503*

2,803

40,040**

E4/SR

691

696

9,940

E5

0*

695

9,940

Total

8,800*

9,800

140,000

 

*The provisions of the Chinese Student Protection Act require that the China annual limit be reduced by 1,000. A total of 300 numbers are deducted from the E3 category, and 700 from the E5 category.
**The EW category is currently entitled to no more than 5,000 of this total.
Unused numbers can “fall-down” from E1 to E2 to E3. Unused numbers can “fall-up” from E4 and E5 to E1. This is taken into consideration when setting monthly/annual targets for number use based on historical/recent patterns.

 

Demand Data Used in the Determination of the October 2012 Employment Preference Cut-Off Dates

 

Employment Second Preference

Cumulative Demand Prior To

All Other Countries

China

India

Grand Total

January 1, 2007

25

75

1,350

1,450

January 1, 2008

25

925

5,500

6,450

January 1, 2009

25

4,075

20,000

24,100

January 1, 2010

275

6,375

30,900

37,550

January 1, 2012

4,850

6,950

34,000

45,800

 

 

 

Employment Third Preference

Cumulative Demand Prior To

All Other Countries

China

India

Mexico

Philippines

Grand Total

January 1, 2002

0

0

0

0

0

0

January 1, 2003

0

0

2,475

0

0

2,475

January 1, 2004

0

0

13,500

0

0

13,500

January 1, 2005

0

50

25,925

0

0

25,975

January 1, 2006

200

175

34,050

25

75

34,525

January 1, 2007

4,925

1,200

43,900

450

5,325

55,800

January 1, 2012

12,650

1,700

47,550

1,275

7,700

70,875

 

Notes:
The imposition of cut-off dates for some categories/countries has limited the amount of applicants who have been able to file for adjustment of status with USCIS, and such applicants would not be included in the above totals.
In addition, new applicants are constantly becoming eligible for processing in categories for which cut-off dates do not apply, or for a category other than that which they initially filed for status.
Therefore, the above totals should not be interpreted to reflect the total universe of applicant demand. These totals only represent the amount of demand which was taken into consideration during the determination of the monthly cut-off dates.

- All totals are approximate values
- Categories not listed are "current"
- Data as of September 6, 2012

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. The attorneys of Reddy & Neumann, P.C. are highly experienced in obtaining employment-based visas for our clients and well-versed in the issues including foreign education equivalency, relevant experience requirements, and EB-3 to EB-2 visa category conversion.  From filing the I-140 Petition, through approval, and onto the adjustment process we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

 

  • Created on .