The Department of State (DOS) Visa Bulletin for October 2012 indicates that the employment-based second preference category (EB2) for China and India are once again available.  The EB2 date for China has moved to July 15, 2007 while EB2 India has moved to September 1, 2004.  The EB2 category for all other countries, including Mexico and the Philippines, has moved forward three years to January 1, 2012.

The employment-based first preference category (EB1) continues to remain current for all countries.  The employment-based third preference (EB3) category  for all countries except the Philippines made some forward movement.  EB3 India moved forward from October 8, 2002 to October 15, 2002, EB3 China moved from December 15, 2005 to February 8, 2006, and EB3 for all other countries, including Mexico, moved from October 1, 2006 to October 22, 2006. 

It is important to note that "nationality” for immigrant visa allotment is not the same as citizenship. Generally, DOS looks at the country of birth in determining whether a person is a national of a given country.  As a result, persons who become citizens of other countries (i.e., Indians who become Canadian citizens) are still considered nationals of their birth country for immigrant visa purposes.

© 1999-2012, Jackson & Hertogs - All rights reserved