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Visa bulletin for December 2012

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By Michael Phulwani and David H. Nachman

The following information is provided by the Visa Office regarding the cut-off dates for the month of December 2012.

Family preferences

F1 — Family first preference: Unmarried sons and daughters over the age of 21 years of US citizens. The cut-off date has moved forward by four (4) weeks for most of the countries, including India to December 1, 2005.

F2A — Family second preference: Spouses and minor children, and unmarried sons and daughters of permanent residents. The cut-off date has moved forward by five (5) weeks for most countries, including India to August 22, 2010.

F2B — Family second preference: Unmarried sons and daughters over 21 of permanent residents. The cut-off date has moved forward by five (5) weeks for most countries, including India to November 15, 2004.

F3— Family third preference: Married sons and daughters of US citizens and their spouses and children. The cut-off date has moved forward by one (1) week for most of the countries, including India to June 8, 2002.

F4-Family fourth preference: Brothers and sisters of US citizens. The cut-off date has moved forward by one (1) week for most of the countries, including India to April 1, 2001.

Employment preferences

EB1 — Priority workers: The cut-off date for this category for all countries including India is current.

EB2 — Advanced degree holders: The cut-off date for this category for most countries is current. For India, it remains the same at September 1, 2004. (The cut-off date for China-mainland born moved forward by seven (7) weeks to October 22, 2007.)

EB3 — Professional skilled workers: The cut-off date for this category has moved forward by four (4) weeks to December 22, 2006 for most of the countries and for India, it has moved forward by ten (10) days to November 1, 2002. (The cut-off date for China-mainland born moved forward by ten (10) weeks to July 1, 2006.)

EB3 — Other workers: The cut-off date for this category has moved forward by eight (8) weeks to December 22, 2006 for most of the countries and for India, it has moved forward by two (2) weeks to November 1, 2002.

EB4 — (Certain special immigrants) is current for all countries including India.

EB4 — (Certain religious workers): The cut-off date is current for all countries, including India.

EB5 — (Targeted employment areas/regional centers): The cut-off date  is current for all countries, including India.

EB5 — (Pilot programs): The cut-off date is current for all countries, including India.

Visa availability in the  coming months

Family-sponsored categories (monthly)

Worldwide dates:

F1: three or four weeks

F2A: four to six weeks

F2B: three to five weeks

F3: one or two weeks

F4: one or two weeks

Employment-based

categories (monthly)

Employment First: Current

Employment  Second: World-wide – Current

India – No movement

Employment Third: Worldwide – three to five weeks

India – up to two weeks

Employment Fourth: Cur-rent

Employment Fifth: Current

Breaking news

President Barack Obama won the second term of his presidency. Democrats have the majority in the Senate and Republicans are maintaining majority in the House of Representatives. President Obama had a dramatic reelection victory and it was a strong endorsement of many of the policies, including Immigra-tion. Latinos, Asians, and Immigration groups voted for Obama in large numbers and contributed to his success. In his campaign for elections before the firm term in 2008, he made a campaign promise to get the Comprehensive Immigration Bill passed by the Congress. Unfortunately, due to strong opposition from the Republican Party, no significant laws were enacted by the Congress. Also, President Obama moderately supported the Comprehensive Immigra-tion Act, which included the Dream Act, due to his concern that taking a strong position on Immigration may affect the second term elections. However, we must acknowledge that administratively, he issued several prosecutorial discretion memorandums, including the Dreamers, children who meet the requirement similar to the Dream Act, under which many young students have applied for benefits. Dreamers, who have not applied yet due to their concern that if Romney was to win the elections, and then he terminates the prosecutorial discretion on deferred action program, the Dreamers could be placed in deportation proceedings. Since that did not happen and Obama is reelected, the Dreamers may consider applying under this program without any fear.

Now that President Obama is elected for four more years and no worries about the election, he will make strong efforts to get the Comprehensive Immigration Bill passed by the Congress. Of course, he will need the support of the Republicans in the House and there is an indication that some kind of compromise may be reached between the Democrats and the Republicans, who also believe that our Immigration  laws are broken and need to be fixed.

Let us hope for the best and continue our efforts to persuade our senators and congressmen to support the legislation relating to  the Comprehensive Immigration Reform.