American Immigration Lawyers Association released an article regarding EB-1 and EB-2 visas on September 5, 2012. According to this article, on Thursday, August 30, 2012, Roberta Freedman, AILA Students & Scholars Committee member, and Mike Nowlan, Chair of the AILA Business Committee, discussed the Visa Bulletin, visa demand in the employment preference categories, and predictions for FY2012 and FY2013 with Charlie Oppenheim of the Department of State’s Visa Office. Here are some key points:

• Employment Based (EB)-1 visa usage is extremely high. August 2012 was at a near record high. The Visa Office does not know why. The 13,000 unused EB-1 numbers that were expected in FY2012, and which would then “drop down” to EB-2, did not happen.
• EB-2 India priority date will probably go to 2006 when the Visa Bulletin is published next month (not 2007 as previously predicted). This is due in part to the retrogression in 2012, as well as the high level of EB-1 usage. India is expected to stay in 2006 for some time. It could fall back to 2005, but that does not appear likely right now. Slow movement in this category in FY2013 is expected.
• EB-2 China priority date will be further ahead than India, but that assessment has not been completed yet.
• EB-2 worldwide may go current in October, or it may go to early 2012 and then current in the November Visa Bulletin – a 2 step process.

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(09/07/2012)