In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various immigrant preference categories with AILA (the American Immigration Lawyers’ Association).
Below are highlights from the most recent “check-in with Charlie” (August 14, 2015), reflecting his analysis of current trends and future projections for the various immigrant preference categories.
This month, Charlie answers a series of questions from the public, with no individual commentary on the immigrant visa preference categories for this month or next:
QUESTION 1: Last month you were hopeful that EB-2 India/China would hold steady or possibly advance for September. However both categories have retrogressed significantly. What caused this to occur?
ANSWER: The September retrogression of EB-2 China and India can primarily be attributed to skyrocketing demand for EB-2 Worldwide, which has left fewer numbers available for India and China. Currently, the availability of visas for India and China is largely driven by Worldwide demand. Earlier this year, EB-2 Worldwide demand was around 2,400 per month and started creeping up in March. In June, demand peaked at 6,700, and with July usage totaling 4,400 it was necessary to take corrective action for EB-2 China and India to limit future number use.
Similarly, fewer EB-1 numbers are available to fall down to EB-2 China and India. During the second quarter of the fiscal year, 9,300 EB-1 numbers were used. That jumped to 13,500 EB-1 numbers in the third quarter.
In particular, overall EB-2 India usage is down significantly this year due to the fact that fewer unused numbers are available for this category. Last fiscal year, EB-2 India used approximately 23,000 numbers. This year, it is expected that EB-2 India will use approximately 7,500 numbers. This is approximately 9,700 fewer numbers than that which were used in FY 2013.
QUESTION 2: How likely is it that EB-2 India and China will advance significantly with the start of the fiscal year on October 1?
ANSWER: It remains to be seen what will happen in October as we enter the new fiscal year.
QUESTION 3: Is it expected that all numbers in all categories will be exhausted by the end of the fiscal year?
ANSWER: Yes. All visa numbers in all categories will be exhausted. There has been some concern about EB-3 number use because there appeared to be a decrease in demand which caused the Worldwide cut-off date to advanced rapidly. There is sufficient EB-3 India applicants in the pending demand file to ensure that all “otherwise” unused numbers will be used this fiscal year.
QUESTION 4: The “Visa Modernization” proposal promises to refine the monthly allocation of visas, increasing the number of visas allocated during the first three quarters, and implementing new processes for allocation during the final quarter of the fiscal year. Can you please elaborate on this plan? Do you expect to implement the changes effective 10/1/15?
ANSWER: This is still a work in progress but members should be happy with what is ultimately rolled out. Some changes have already been implemented. As stated in the Visa Modernization proposal, members may see more aggressive cut-off date movements for some preference categories earlier in the year. Similar movement occurred earlier this year with regard to EB-2 India; advancement of that category started much earlier than in prior years to allow USCIS sufficient time to complete processing of the cases, many of which were EB-3 upgrades, earlier within the fiscal year. However, aggressive movement earlier in the year can have “negative” consequences during the final quarter when there are fewer numbers available. As a result it could be necessary to take corrective action if it becomes clear that there would be fewer numbers available from other categories.
In addition to accelerating cut-off date movements earlier in the fiscal year, other options are being explored. As plans are refined, the information will be made available to the public.
Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP. Alka is situated in Fox Rothschild’s Roseland, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or firstname.lastname@example.org.