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I-94, July Visa Bulletin, Employment-Based Categories

June 24, 2013

Clark Hill is pleased to announce that James E. Morrison has joined the Immigration Practice Group in Clark Hill's Washington, DC office.  James focuses his practice on business immigration matters, advising clients in a variety of international industries and disciplines on domestic and global immigration related issues including, among others, inbound and outbound compliance, worldwide movement of personnel, mergers and acquisitions, document retention compliance, government audits and raids, and legislative matters. James represents Fortune 500 companies, investors, foreign diplomats, private foundations, professional athletes, musicians, artists, entertainers and celebrities.  More information on James can be found on the Clark Hill website .

Retrieving Your I-94 Information

The Form I-94 Arrival / Departure Record is a document issued to foreign nationals arriving in the US in a temporary status. The Form I-94 describes the date a foreign national has entered the US, the class of admission (such as B-1/2, F-1, or H-1B, etc.), and how long the foreign national may stay in the US.  US Customs and Border Protection (CBP) has recently automated the Form I-94 at air and sea ports of entry to the US, and no longer issues paper I-94 cards.  A fact sheet on this new process can be found on the CBP's website .  Individuals who need to obtain their electronic arrival/departure record can print it from the CBP's website at .  If the record cannot be immediately located, individuals should try variations of their name as the record can only be located with the name exactly as the CBP officer input the name upon arrival.

Visa Priority Dates – July Visa Bulletin

The July Visa Bulletin has been posted .  Visas for employment based first preference cases (EB-1)  remain current.  Visas for employment based second preference cases (EB2) included in the "worldwide" limit remain current. Visas for employment based second preference cases (EB2) for individuals born in India remain at September 1, 2004, and for individuals born in China, dates have progressed to August 8, 2008.  For the EB-3 category, those included in the worldwide limit have progressed forward to January 1, 2009.  There was some forward movement in the other EB-3 categories.  Copied below are predictions provided by the July Visa Bulletin for movement in the August through October bulletins.

EMPLOYMENT-Based Categories (Potential Monthly Movement)

  • Employment First:  Current
  • Employment Second:
    • Worldwide:  Current
    • China:  Up to two months
    • India: At this time it appears that the availability of "otherwise unused" Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category.  A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.
  • Employment Third:
    • Worldwide: No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.
    • China: No additional movement
    • India: Up to three weeks
    • Mexico: No additional movement
    • Philippines: Up to two weeks

For a summary of priority dates, retrogression, and how these dates impact US green card processing, please visit the Clark Hill website .

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