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January 2005 Visa Bulletin

For December 2004 Visa Bulletin, please click here: http://www.mygcvisa.com/visa-bulletin/2005/visa-bulletin-december-2004.aspx

January 2005 Visa Bulletin has been released (valid from January 1 to January 31 only). Please see below for more details.

Family Based:
"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.
All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
Family    
1st 22DEC00 22DEC00 22DEC00 15OCT94 15OCT90
2A* 15AUG00 15AUG00 15AUG00 15OCT97 15AUG00
2B 01AUG95 01AUG95 01AUG95 15FEB92 01AUG95
3rd 22DEC97 22DEC97 22DEC97 22JAN95 01JUN90
4th 22NOV92 22NOV92 08APR92 22NOV92 22SEP82
"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

Employment Based:
"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.
  All Chargeability Areas Except Those Listed CH IN ME PH
Employment-Based          
1st C C C C C
2nd C C C C C
3rd C 01JAN02 01JAN02 C 01JAN02
Other Workers C C C C C
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/Regional Centers C C C C C
"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

Special Notice from USCIS:(Show/Hide)

D. OVERSUBSCRIPTION OF THE EMPLOYMENT-BASED THIRD PREFERENCE CATEGORY FOR CHINA-MAINLAND BORN, INDIA, AND THE PHILPPINES

In recent years, all Employment-based categories have been “Current” for all countries, primarily as a result of two factors:

1) The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these “pool” numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.

2) Changes in CIS processing procedures during the past two years created a significant backlog of cases and a consequent reduction in demand for numbers.
During the time that the Employment-based categories have remained “Current” many tens of thousands of applicants have become eligible to file for adjustment of status. Last summer, CIS notified Congress of its intent to eliminate its current backlogs by the end of FY-2006. As a result of the CIS backlog reduction effort, we are now experiencing very heavy visa demand as CIS has begun to process cases to conclusion. Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.

It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines. Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand. No specific predictions are possible at this time.


Also See:
      Next Steps: If priority date is current and

      1. If applicant is inside US, they will have to file I-485: http://blog.mygcvisa.com/2013/04/how-to-file-i-485-application.html

      2. If applicant is outside US, it will be sent to NVC: http://blog.mygcvisa.com/2013/09/nvc-consular-processing-steps.html

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