The U.S. Department of State (DOS) recently released the May 2015 Visa Bulletin in which significant movement should be noted in the employment-based classification for nationals of the Philippines in the EB-3 category, for Indian nationals in the EB-2 category, and for Chinese nationals in the EB-2 and EB-5 categories.

Specifically, the Visa Bulletin shows major retrogression in the EB-3 category (both “skilled workers” and “other workers” subcategories) for Filipino nationals, as it moved from Oct. 1, 2014, to July 1, 2007, creating a backlog of over seven years. As such, it is highly recommended that eligible Filipino EB-3 applicants who are “current” but whose priority date will be retrogressed on May, 1, 2015, to immediately file their I-485, Application to Adjust Status.

Indian and Chinese nationals in the EB-2 category, on the other hand, will benefit from notable progression. The DOS announced an advancement of seven and a half months for Indian nationals, with priority dates moving up from Sept. 1, 2007, to April 15, 2008; this progression comes after an eight-month jump forward in the March 2015 Visa Bulletin. Further, the May 2015 Visa Bulletin shows continued progression for Chinese nationals with a 14-month leap forward from April 1, 2011, to June 1, 2012.

Finally, as announced by Greenberg Traurig this week in a previous post, another considerable development announced in May’s Visa Bulletin is the introduction of a cut-off date of May 1, 2013, for the EB-5 Chinese nationals.

Employment-Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JUN12 15APR08 C C
3rd 01JAN15 01MAY11 15JAN04 01JAN15 01JUL07
Other Workers 01JAN15 15NOV05 15JAN04 01JAN15 01JUL07
4th C C C C C
Certain Religious Workers C C C C C
5th Targeted Employment Areas/Regional lefts and Pilot Programs C 01MAY13 C C C

‡ Admitted to practice only in Tennessee

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Ian Macdonald Ian Macdonald

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

Ian and his team work closely with companies to manage and modify, where needed, corporate immigration programs to maximize efficiency, service and regulatory compliance levels. He is experienced with the full range of business immigration sponsorship categories (visas and permanent residence), anti-discrimination rules to reduce or eliminate risk of employment litigation, employer sanction cases, and I-9 and E-Verify compliance. Ian assists clients with establishing risk-based performance standards (RBPS) and Department of Homeland Security protocol, providing risk assessment assistance to corporations subject to Chemical Facility Anti-Terrorism Standards (CFATS) and assisting clients with ITAR/Export Control compliance within the immigration context.

Ian has developed strategic relationships abroad that he utilizes when working with clients to ensure compliance with foreign registration requirements. He is experienced with analyzing complex global mobility opportunities on country-specific matters to facilitate the transfer of personnel. Ian is also experienced in counseling employers on immigration strategy as well as immigration consequences of mergers and acquisitions, reduction in workforces, and furloughs.

Prior to joining the firm, Ian worked for the United Nations, various non-governmental think tanks and corporate law firms in London, Washington, D.C., New York and Atlanta.