Unusual Pattern of Employment-Based Visa Cut-Off Date for China EB-2 and EB-3

Unusual Pattern of Employment-Based Visa Cut-Off Date for China EB-2 and EB-3

 

In the just released Visa Bulletin (January 2014), the priority date cut-off for China EB-2 is significantly behind that of EB-3, which makes EB-3 unusually more favorable than EB-2.  This is directly connected to the relatively small volume of pending I-485 cases at USCIS for EB-3 China as compared to EB-2.

The below chart shows visa cut-off dates for EB-2 and EB-3 for China and pending EB I-485 inventory for China as of 10/01/2013:

January 2014 Priority Date Cut-Off

 

USCIS EB I-485 Inventory

(as of10/01/2013)

EB-2: 12/08/2008

5,345 (total)

EB-3: 04/01/2012

594 (total)

 

The suitability of requesting EB-3 classification when the beneficiary is eligible for EB-2, or “converting” a pending I-485 from EB-2 to EB-3 classification, depends on many factors with variant risks involved.  Such decisions should not be made without consulting a qualified immigration attorney.